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MENOMINEE INDIAN TRIBE OF WISCONSIN v. THOMPSON

Nos. 96-3596, 96-3985.

161 F.3d 449 (1998)

MENOMINEE INDIAN TRIBE OF WISCONSIN, Plaintiff-Appellant, v. Tommy G. THOMPSON, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

Bruce R. Greene (argued), M. Catherine Condon, Greene, Meyer & McElroy, Boulder, CO; James M. Jannetta, Sault Ste. Marie, MI, for Plaintiff-Appellant in No. 96-3596.

Charles D. Hoornstra (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees in No. 96-3596.

Bruce R. Greene (argued), Greene, Meyer & McElroy, for Plaintiff-Appellant in No. 96-3985.

John D. Niemisto, Charles D. Hoornstra (argued), Thomas L. Dosch, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI; Philip Peterson, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees in No. 96-3985.

Charles G. Curtis, Jr., Foley & Lardner, Madison, WI, for Amicus Curiae in Nos. 96-3596 and 96-3985.

Before CUMMINGS, WOOD, JR., and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

The Menominee Indian Tribe of Wisconsin appeals the district court's dismissal of its lawsuit seeking a declaration of the Tribe's usufructuary rights on certain off-reservation lands set forth in a series of mid-nineteenth century treaties, as well as the enforcement of those rights by means of injunctive relief. The district court dismissed the lawsuit, concluding that the Tribe does not retain any...

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