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UTU UTU GWAITU PAIUTE TRIBE v. DEPT. OF INTERIOR

Civ. No. S-90-0311-WBS.

766 F.Supp. 842 (1991)

UTU UTU GWAITU PAIUTE TRIBE OF the BENTON PAIUTE RESERVATION, Plaintiff, v. DEPARTMENT OF the INTERIOR; Manual Lujan, Secretary of the Department of Interior; Bureau of Indian Affairs; Eddie Brown, Indian Affairs, Defendants.

United States District Court, E.D. California.

June 6, 1991.

Attorney(s) appearing for the Case

Jay B. Petersen, Lawrence R. Stidham, Dorothy Alther, Michael S. Pfeffer, Stephen V. Quesenberry, California Legal Services, Oakland, Cal., for plaintiff.

Richard Jenkins, U.S. Atty., Debora Van Der Weijde, Asst. U.S. Atty., Sacramento, Cal., for defendants.

OPINION

SHUBB, District Judge.

I. INTRODUCTION

Plaintiff Utu Utu Gwaitu Paiute Tribe ("Tribe") filed this complaint for declaratory and injunctive relief under the Administrative Procedure Act ("APA") to challenge the validity of 43 C.F.R. § 4.603(a). The Department of Interior ("Department") promulgated rules, among them § 4.603, for the purpose of establishing "procedures for the submission and consideration of applications for awards...

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