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ALTHEIMER & GRAY v. SIOUX MFG. CORP.

No. 92-1633.

983 F.2d 803 (1993)

ALTHEIMER & GRAY, a partnership, Plaintiff-Appellant, v. SIOUX MANUFACTURING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 1993.

As Amended January 22, 1993.

Attorney(s) appearing for the Case

Daniel S. Hefter (argued), Maureen A. Gorman, John R. Heine, Hefter & Radke, Chicago, IL, for plaintiff-appellant.

John Y.E. Lee, Donald V. Jernberg, Oppenheimer, Wolff & Donnelly, Chicago, IL, Robert Vaaler, Allen J. Flaten (argued) Vaaler, Warcup, Woutat, Zimney & Foster, Grand Forks, ND, for defendant-appellee.

Before POSNER and COFFEY, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

This case deals with the modern application of a 19th century federal statute designed to protect Indian tribes in land transactions. For reasons explained below, we reverse the district court's grant of summary judgment and remand the case for further proceedings.

I. BACKGROUND

In 1872, Congress passed what is now known as 25 U.S.C. § 81. The statute requires contracts concerning Indian lands to be...

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