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HOPLAND BAND OF POMO INDIANS v. NORTON

No. C 04-00102-WHA.

324 F.Supp.2d 1067 (2004)

HOPLAND BAND OF POMO INDIANS, Plaintiff, v. Gale NORTON, Secretary of the Interior; David Anderson, Assistant Secretary of Indian Affairs; Clay Gregory, Acting Regional Director, Pacific Regional Office, Bureau of Indian Affairs; and Dale Risling, Sr., Superintendent of the Central California Agency of Bureau of Indian Affairs, Defendants.

United States District Court, N.D. California.

July 1, 2004.

Attorney(s) appearing for the Case

Lester John Marston, Esq., Rapport & Marston, Ukiah, CA, for Plaintiff.

Owen Peter Martikan, United States Attorney, San Francisco, CA, for Defendants.

ORDER DENYING MOTION TO DISMISS

ALSUP, District Judge.

INTRODUCTION

This case presents an issue of first impression whether the "contractible programs" authorized by the Indian Self-Determination and Education Assistance Act of 1975, 25 U.S.C. 450 et seq., include the contracts contemplated by the Indian Law Enforcement Reform Act of 1990, 25 U.S.C. 2801 et seq. This order holds in the affirmative and therefore denies the government's motion to...

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