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The San Diego Union-Tribune

 
San Pasqual casino sees initial slot machine victory

UNION-TRIBUNE

October 9, 2008

FEDERAL COURT – North County's San Pasqual Indian band has won a court decision that mirrors a victory by the neighboring Rincon band on the issue of how many slot machines their casinos are allowed under compacts signed in 1999.

But more court decisions are expected before the issue is finally settled.

Both tribes have been fighting with the state government over how to read a clause in those agreements that sets out the total number of slot machines statewide. The Colusa tribe has also filed a similar lawsuit.

The three tribes want to operate hundreds more slot machines than they do now without renegotiating a deal with Gov. Arnold Schwarzenegger.

In two rulings this summer, the 9th Circuit Court of Appeals said judges can rule on that question without hearing from the 60 or so other tribes that signed similar agreements, even if it affects the profitability of those other gambling halls.

On Monday, it applied that same logic in sending the San Pasqual lawsuit back to San Diego federal court.

Those other tribes had stopped the litigation by refusing to be brought into the lawsuits.

Lawyers for the state asked the appeals court to reconsider its decisions in the Rincon and Colusa cases and are expected to do the same with San Pasqual.

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