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SYCUAN BAND OF MISSION INDIANS v. ROACHE

Nos. 93-55430, 93-55431.

38 F.3d 402 (1994)

SYCUAN BAND OF MISSION INDIANS; Barona Band of Mission Indians, a/k/a Barona Group of the Capitan Grande Band of Mission Indians, a federally-recognized Indian Tribe; Viejas Band of Mission Indians, a/k/a Viejas Group of the Capitan Grande Band of Mission Indians, a federally-recognized Indian Tribe, Plaintiffs-Appellees, v. Jim ROACHE, individually and as Sheriff of San Diego County, Defendant, and Edwin L. Miller, individually and as District Attorney of San Diego County, Defendant-Appellant. SYCUAN BAND OF MISSION INDIANS, Plaintiff-Appellant, v. Jim ROACHE, Defendant, and Edwin L. Miller, individually and as District Attorney of San Diego County, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1994.

Attorney(s) appearing for the Case

Cathy Christian, Manuel Medeiros, Deputy Attys. Gen., Sacramento, CA, for defendant-appellant-cross-appellee.

George Forman, Alexander & Karshmer, Berkeley, CA, for Sycuan Band of Mission Indians.

Art Bunce, Escondido, CA, for Barona and Viejas Bands of Mission Indians.

Before FLETCHER, CANBY and HALL, Circuit Judges.

CANBY, Circuit Judge.

This appeal presents a conflict over the power of state authorities to prohibit certain forms of Indian gaming. Edwin L. Miller, the District Attorney of San Diego County, California (the State), appeals the district court's injunction forbidding the State's prosecution of certain individuals employed in Indian gaming operations on the reservations of the Barona, Sycuan and Viejas Bands of Mission Indians. On cross-appeal, the Sycuan Band challenges...

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