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LAC COURTE OREILLES BAND, ETC. v. VOIGT

Nos. 78-2398, 78-2443 and 79-1014.

700 F.2d 341 (1983)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, et al., Plaintiffs-Appellants, Cross-Appellees, v. Lester P. VOIGT, et al., Defendants-Appellees, Cross-Appellants. UNITED STATES of America, Plaintiff-Cross-Appellee, v. STATE OF WISCONSIN, a sovereign state, and Sawyer County, Wisconsin, Defendants-Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 1983.

As Amended on Denial of Rehearing and Rehearing March 8, 1983.

Attorney(s) appearing for the Case

Gene M. Potack, James M. Jannetta, Kathryn L. Tierney, Howard J. Bichler, Wisconsin Judicare, Inc., Wausau, Wis., for plaintiffs-appellants, cross-appellees.

Mary V. Bowman, Asst. Atty. Gen., State of Wis., Dept. of Justice, Madison, Wis., for defendants-appellees, cross-appellants.

Before CUMMINGS, Chief Judge, WEICK, Senior Circuit Judge, and PELL, Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc March 8, 1983.

PELL, Circuit Judge.

The principal case on this consolidated appeal, Lac Courte Oreilles Band v. Voight (LCO) was an action for a declaratory judgment that a band of Lake Superior Chippewa Indians (LCO band) has retained treaty-reserved off-reservation hunting, fishing, trapping and gathering rights, collectively termed "usufructuary rights," in public lands in the northern third...

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