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STATE v. ZAY ZAH

No. 46834.

259 N.W.2d 580 (1977)

STATE of Minnesota, et al., Appellants, v. ZAY ZAH et al., Respondents, A. J. Powers, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied November 17, 1977.

Attorney(s) appearing for the Case

Aurel L. Ekvall, County Atty., Bagley, for appellants.

John M. Holmes, Indian Legal Assistance Program, Duluth, for respondents.

James W. Moorman, Acting Asst. Atty. Gen., Raymond N. Zagone, Edward J. Shawaker, Dept. of Justice, Washington, D.C., amicus curiae (seeking affirmance).

Tupper, Smith & Seck, Kent P. Tupper, Gerald L. Seck, Peter W. Cannon and Kimball D. Mattson, Walker (seeking affirmance), for Wh. Earth Res. Bus. Comm., amicus curiae.

George Goodwin, Bureau of Indian Affairs, Minneapolis, amicus curiae (seeking affirmance); Bernard P. Becker, St. Paul (of counsel).

Considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal in an action to quiet title to real estate. Eugene and Laurie Stevens commenced the action in June 1974 in the district court of Clearwater County. In July 1974 the State of Minnesota and the County of Clearwater were joined as party plaintiffs. The matter was heard before the district court on August 28, 1975. On March 1, 1976, the court entered an order for judgment in favor of defendant George Aubid, Sr., the sole heir of defendant...

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