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UNITED STATES v. STATE OF MONT.

No. CV-75-105-BLG.

457 F.Supp. 599 (1978)

The UNITED STATES of America, in its own right and as fiduciary on behalf of the Crow Tribe of Indians and the Crow Tribe of Indians, as intervenors, Plaintiffs, v. The STATE OF MONTANA, Montana State Fish and Game Commission, Willis B. Jones, Arnold Rieder, Arthur C. Hagenston, Joseph J. Klabunde, W. Leslie Pengelly, Wesley R. Woodgerd, and Big Horn Rod and Gun Club and Citizens' Rights Organization, as intervenors, Defendants. The STATE OF MONTANA, Montana State Fish and Game Commission, Willis B. Jones, Arnold Rieder, Arthur C. Hagenston, Joseph J. Klabunde, W. Leslie Pengelly, and Wesley R. Woodgerd, on behalf of themselves and on behalf of the citizens of the State of Montana and of the United States of America and the public and as representatives of all non-Crow Indian owners of real property within the Crow Indian Reservation, and Big Horn Rod and Gun Club, and Citizens' Rights Organization, as intervenors, Cross-Claimants, v. The UNITED STATES of America, in its own right and as fiduciary of the Crow Tribe of Indians, and the Crow Tribe of Indians, Cross-Defendants.

United States District Court, D. Montana, Billings Division.

July 31, 1978.

Attorney(s) appearing for the Case

Steven E. Carroll, Dept. of Justice, Washington, D.C., for The United States.

Thomas J. Lynaugh, Thomas K. Schoppert, Lynaugh, Fitzgerald, Schoppert, Skaggs & Essman, Billings, Mont., R. Anthony Rogers, Charles A. Hobbs, Wilkinson, Cragun & Barker, Washington, D.C., for Crow Tribe of Indians.

Michael Greely, Atty. Gen., Helena, Mont., Urban L. Roth, Sp. Asst. Atty. Gen., Butte, Mont., for the State of Montana.

Clayton R. Herron, Sp. Asst. Atty. Gen., Helena, Mont., for Fish and Game Commission.

Bert W. Kronmiller, James E. Seykora, Hardin, Mont., for Big Horn Rod and Gun Club.

Douglas Y. Freeman, Hardin, Mont., for Citizens' Rights Organization.

OPINION

BATTIN, District Judge.

This case seeks to quiet title to the bed and banks of the Big Horn River. A corollary issue requires a determination of whether the State of Montana has the authority to regulate hunting and fishing within the exterior boundaries of the Crow Indian Reservation by non-Indian persons, since the Crow Tribe purportedly has an exclusive treaty right to reservation hunting and fishing. The final issue is whether the State of Montana...

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