BROWN v. DIST. CT. OF SEVENTEENTH JUD. D.

No. 88-487.

777 P.2d 877 (1989)

Caroline Ann BROWN and Harley LeRoy Brown, Petitioners, v. DISTRICT COURT OF THE SEVENTEENTH JUDICIAL DISTRICT FOR the STATE of Montana, In and For the COUNTY OF BLAINE, and the Honorable Leonard Langen, a Judge thereof, Respondents.

Supreme Court of Montana.

Decided July 19, 1989.

Rehearing Denied August 25, 1989.


Attorney(s) appearing for the Case

Frisbee, Moore, Stufft & Olson, and Jayne Mitchell, Cut Bank, for petitioners.

Mike Greely, Atty. Gen., Helena, Clay Smith, Helena, and Donald Ranstrom, County Atty., Chinook, for respondents.

Leonard Langen, District Judge, Chinook, pro se.


SHEEHY, Justice.

The United States Supreme Court in Rice, Director, Department of Alcoholic Beverage Control of California v. Rehner (hereafter Rice v. Rehner) (1983), 463 U.S. 713, 103 S.Ct. 3291, 77 L.Ed.2d 961, decided that Congress, by enacting 18 U.S.C. § 1161, gave states the power to regulate within their borders the possession and sale of liquor by Indian persons in Indian country through the licensing provisions...

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