Rincon Band of Mission Indians, La Jolla Band of Mission Indians v. Escondido Mutual Water Company

This appeal is from an order of the district court dated March 13, 1970, denying plaintiffs’ demand that the Attorney General of the United States be required to provide legal representation to the plaintiffs or to furnish security pursuant to Fed.R.Civ.P. 65(c).

The Rincon and La Jolla Bands of Mission Indians filed this action on July 25, 1969, seeking declaratory relief against the defendants, Escondido Mutual Water Company [Mutual] and Walter J. Hickel, Secretary of the Interior, alleging that an 1894 contract entered into between the Potrero Band of Mission Indians and Mutual’s predecessor was invalid. The Rincon Band sought declaratory judgment that a 1914 water rights contract, purportedly entered into on their behalf by the Secretary of the Interior between the United States and Mutual, was also invalid. The Indian Bands sought damages from Mutual for alleged wrongful diversion of water from the San Luis Rey River and for alleged trespass upon their respective reservations. Alternatively, if the contracts were deemed valid, both Indian Bands sought damages for breach of contract. The Indians also sought an order in the nature of mandamus against defendant Attorney General…