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HOOPA VALLEY TRIBE v. NEVINS

No. C-82-5903-MHP.

590 F.Supp. 198 (1984)

The HOOPA VALLEY TRIBE, a federally recognized Indian tribe, in its own behalf and in behalf of its enrolled members; the Hoopa Timber Corporation, a tribal enterprise of the Hoopa Valley Tribe, Plaintiffs, v. Richard NEVINS, Conway H. Collis, Ernest J. Dronenburg, Jr., Kenneth Cory, William M. Bennett, Members, State Board of Equalization; California State Board of Equalization; State of California, Defendants.

United States District Court, N.D. California.

As Amended July 19 and August 23, 1984.

Attorney(s) appearing for the Case

Robert L. Pirtle, James B. Weber, Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Seattle, Wash., Neil Shapiro, Cooper, White & Cooper, San Francisco, Cal., Garry J.D. Hubert, Kincaid, Gianunzio, Caudle & Hubert, Oakland, Cal., for plaintiffs.

Julian O. Standen, Deputy Atty. Gen., State of California, San Francisco, Cal., for defendants.

OPINION

PATEL, District Judge.

INTRODUCTION

This action is before the court on cross-motions for partial summary judgment. Oral argument was heard on the matter on March 5, 1984. After having considered all memoranda submitted by the parties and the arguments of counsel, the court concludes for the reasons set forth below that plaintiffs' motion for partial summary must be granted, and defendants' motion denied.

FACTUAL BACKGROUND

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