Imperial Granite Company v. Pala Band Of Mission Indians

940 F.2d 1269 IMPERIAL GRANITE COMPANY, Plaintiff-Appellant, v. PALA BAND OF MISSION INDIANS; Patricia Nelson; Robert A. Smith; Deborah Smith; Lorreta Lipton; Jane Blackman; Henry Smith, and against all other persons similarly situated, Defendants- Appellees. No. 90-55794. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1991. Decided Aug. 1, 1991. Charles C. Renshaw, Escondido, Cal., for plaintiff-appellant. George Forman, Alexander & Karshmer, Berkeley, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before FLETCHER and CANBY, Circuit Judges, and REED, * District Judge. CANBY, Circuit Judge: 1 Imperial Granite Company brought this action against the Pala Band of Mission Indians, certain of its officers, and all members of the tribe. Imperial alleged that it was the lessee of a tract of fee property surrounded by the Band's reservation, and that in about 1933 the government had built a road to the tract that crossed a portion of the reservation. Imperial's lessors had used the road as the only access to their land and, after Imperial leased the property, it used the road as the…