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UNITED STATES v. DODGE

Nos. 75-1173, 75-1398, 75-1483, 75-1485 and 75-1498.

538 F.2d 770 (1976)

UNITED STATES of America, Appellee, v. Reginald Karl DODGE, Jr., Appellant. UNITED STATES of America, Appellee, v. Bernard Bravo ESCAMILLA, Appellant. UNITED STATES of America, Appellee, v. Manuel ALVARADO and Terry Gene Williams, Appellants. UNITED STATES of America, Appellee, v. Allen Fairfax COOPER, Appellant. UNITED STATES of America, Appellee, v. Mark Joseph FLEURY et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 26, 1976.

Rehearing and Rehearing Denied July 15, 1976.

Attorney(s) appearing for the Case

John E. Thorne, San Jose, Cal., and Vine Deloria, Golden, Colo., Larry Leventhal, Minneapolis, Minn., for appellants on the treaty issue.

Duane L. Nelson, Sp. Asst. U. S. Atty., Lincoln, Neb., for appellee, United States; Kenneth L. Fields, Trial Atty., U.S. Dept. of Justice, Washington, D.C., on brief.

Donald H. Berman, Boston, Mass., for appellant, Alvarado, and others; Martin C. Gideonse, Boston, Mass., Joseph Beeler, Miami Beach, Fla., on brief.

Jeremiah S. Gutman, New York City, made argument for Fleury.

Donald L. Doernberg, New York City, for Dodge, and others; Aaron J. Jaffe, New York City, on brief.

Sherman C. Magidson and Carl P. Clavelli, Chicago, Ill., on brief for Escamilla.

Joseph Beeler, Miami Beach, Fla., and Donald L. Doernberg and Jeremiah S. Gutman, New York City, on brief for Fleury, Wesaw and Johns.

Before HEANEY, BRIGHT and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 15, 1976.

HEANEY, Circuit Judge.

We consolidate these appeals arising out of the "Wounded Knee" incident of 1973 for purposes of argument and opinion.

In No. 75-1485, Allen Fairfax Cooper appeals from a decision of Chief Judge Warren K. Urbom, District of Nebraska, holding that the United States had criminal jurisdiction to try Cooper on the charge of assaulting a United States Postal Inspector on the Pine...

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