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CITY OF LINCOLN CITY v. U.S. DEPARTMENT OF INT.

No. CIV.99-330-AS.

229 F.Supp.2d 1109 (2002)

CITY OF LINCOLN CITY, Plaintiff, v. UNITED STATES DEPARTMENT OF INTERIOR and Confederated Tribes of Siletz Indians of Oregon, Defendants.

United States District Court, D. Oregon.

April 17, 2002.

Attorney(s) appearing for the Case

Christopher P. Thomas, Moskowitz & Thomas, Portland, OR, for City of Lincoln City.

Tim W. Simmons, U.S. Attorney's Office, Portland, OR, for secretary of Dept. of Interior.

Tim W. Simmons, U.S. Attorney's Office, Portland, OR, Craig J. Dorsay, Jennifer K. deWald, Portland, OR, for Confederated Tribes of Siletz Indians of Oregon.

OPINION

ASHMANSKAS, United States Magistrate Judge.

This is an action by Lincoln City, Oregon ("City"), against the United States and the Confederated Tribes of Siletz Indians ("Tribe") to overturn a decision by the Department of Interior ("Interior"), Bureau of Indian Affairs ("BIA"), permitting a fee-to-trust transfer of property from the Tribe to the United States. The Tribe moves to dismiss the City's seventh and eighth claims on the ground that the...

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