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March 14, 2011: Piaute Shoshone v City of Los Angeles

Plaintiff Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California, an Indian tribe formallyrecognized by the United States, filed this action againstDefendant City of Los Angeles for an order restoring Plaintiffto possession of land that the City took long ago in a deal with the United States. The district court dismissed the actionunder Federal Rule of Civil Procedure 12(b)(7) because itruled that, under Rule 19 of the Federal Rules of Civil Procedure, the United States was a required party that Plaintiffcould not join. The district court certified the appealability of its order under 28 U.S.C. § 1292(b). Upon Plaintiff’s timelyrequest, we agreed to hear this interlocutory appeal, and we now affirm.

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