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CASS CTY. v. UNITED STATES

No. 77-1523.

570 F.2d 737 (1978)

CASS COUNTY and Hubbard County, Minnesota under a joint Powers Resolution, Appellants, v. UNITED STATES of America, Thomas E. Kleppe, Secretary of the Interior, State of Minnesota, Wendell Anderson, Governor, County of Itasca, Minnesota, County of Beltrami, Minnesota, Minnesota Chippewa Tribe, Inc., Leech Lake Band of Chippewa Indians, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1978.

Attorney(s) appearing for the Case

John H. Martin, St. Paul, Minn., for appellants.

Gerald Seck, Tupper, Smith & Seck, Ltd., Walker, Minn., argued, Kent P. Tupper, Walker, Minn., on brief, for appellee.

Edward J. Shawaker, Atty., Dept. of Justice, Washington, D. C., Edmund B. Clark, Atty. and James W. Moorman, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., and Andrew W. Danielson, U. S. Atty., Minneapolis, Minn., on brief, for Federal appellees.

Steve G. Thorne, Sp. Asst. Atty. Gen., St. Paul, Minn., Warren Spannaus, Atty. Gen., and C. Paul Faraci, Deputy Atty. Gen., St. Paul, Minn., on brief, for appellee, State of Minnesota.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

Appellants, political subdivisions of the State of Minnesota, brought an action against the United States and the Secretary of the Interior, the State of Minnesota, Itasca and Beltrami Counties, the Minnesota Chippewa Tribe, and the Leech Lake Band of Chippewa Indians under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., seeking a declaration as to the relative governmental rights of the respective parties over territory known...

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