THE CITY OF NEW TOWN, NORTH DAKOTA v. UNITED STATES

No. 71-1147.

454 F.2d 121 (1972)

THE CITY OF NEW TOWN, NORTH DAKOTA, a Municipal Corporation, Appellant, v. The UNITED STATES of America and Rogers C. B. Morton, Secretary of the Interior, The Three Affiliated Tribes, Fort Berthold Reservation, Appellees.

United States Court of Appeals, Eighth Circuit.

January 17, 1972.


Attorney(s) appearing for the Case

Jon R. Kerian, Bosard, McCutcheon, Kerian & Schmidt, Minot, N. D., for appellant.

Thomas L. Adams, Jr., Atty., Dept. of Justice, Washington, D. C., Shiro Kashiwa, Asst. Atty. Gen., Harold O. Bullis, U. S. Atty., Fargo, N. D., Robert S. Lynch, Atty., Dept. of Justice, Washington, D. C., for appellee United States.

Jerry C. Straus, Washington, D. C., for the Three Affiliated Tribes; Wilkinson, Cragun & Barker, Charles A. Hobbs, R. Anthony Rogers, Washington, D. C., of counsel.

Before GIBSON, BRIGHT and ROSS, Circuit Judges.


GIBSON, Circuit Judge.

This is an appeal by the plaintiff City of New Town, North Dakota, from a summary judgment1 entered in favor of the defendants, the United States of America, the Secretary of the Interior, and the Three Affiliated Tribes of the Fort Berthold Reservation,2 declaring (under the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 et seq.) that the Act of June 1, 1910, 36 Stat....

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