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CHEYENNE-ARAPAHO TRIBES v. STATE OF OKL.

No. 78-1570.

618 F.2d 665 (1980)

CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA, Appellant, v. The STATE OF OKLAHOMA et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Jeanne S. Whiteing, Boulder, Colo. (Daniel H. Israel, Yvonne T. Knight, Native American Rights Fund, Boulder, Colo., on the briefs), for appellant.

John F. Percival, Asst. Atty. Gen. for the State of Oklahoma, Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. for the State of Oklahoma, Oklahoma City, Okl., on the briefs), for appellees.

Anthony C. Liotta, Deputy Asst. Atty. Gen., Robert L. Klarquist and Edward J. Shawaker, Attys., Dept. of Justice, Washington, D.C., filed briefs, for amicus curiae United States.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Cheyenne-Arapaho Tribes of Oklahoma, plaintiff-appellant, sought to enjoin defendant-appellee State of Oklahoma from the exercise of jurisdiction over Indian hunting and fishing on land located within the reservation established by certain treaties and an Executive Order. The basic questions relate to what part of the pertinent land is within Indian Country as that term is defined in 18 U.S.C. § 1151 and what is the effect and application...

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