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ALLEN v. U.S.

No. C 11-05069 WHA.

871 F.Supp.2d 982 (2012)

Donald ALLEN, Barbara Crabtree, Lynn Crabtree, Venus Hoaglan, Daniel Jackson, Gwen Jackson-Loss, Jessica Jackson, Martha Knight, Lucille Silva, Michael Tooley, and Clarence Wright, Plaintiffs, v. UNITED STATES of America, and Kenneth Salazar, as Secretary of the United States Department of the Interior, Defendants.

United States District Court, N.D. California.

Order Denying Motion for Relief from Judgment July 9, 2012.

Attorney(s) appearing for the Case

Lester John Marston, Rapport & Marston, Ukiah, CA, for Plaintiffs.

Jody Helen Schwarz, Kenneth Dean Rooney, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, for Defendants.

ORDER ON MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this Indian tribal rights action, defendants move to dismiss plaintiffs' complaint for lack of subject-matter jurisdiction and failure to state a claim. Plaintiffs move for summary judgment. This order follows full briefing and oral argument. For the reasons stated below, defendants' motion to dismiss is GRANTED. Plaintiffs' motion...

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