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UNITED STATES v. TOP SKY

No. 75-3193.

547 F.2d 486 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Charlie TOP SKY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 21, 1976.

Attorney(s) appearing for the Case

James W. Zion, Great Falls, Mont., for defendant-appellant.

Paul L. Westberg, Asst. U.S. Atty., Boise, Idaho, for plaintiff-appellee.

Before BROWNING and WALLACE, Circuit Judges, and VAN PELT, District Judge.

PER CURIAM:

Charlie Top Sky and Lloyd C. Top Sky, father and son, members of the Chippewa-Cree Tribe, were charged in separate indictments with selling golden eagles and golden eagle feathers and parts in violation of the Bald Eagle Protection Act, 16 U.S.C. § 668 (Supp. V, 1975), amending 16 U.S.C. § 668. Both filed motions to dismiss on the grounds that their conduct was protected by the Fort Bridger Treaty...

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