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CHASE v. McMASTERS

No. 77-1317.

573 F.2d 1011 (1978)

Beulah CHASE, Appellant, v. Roland McMASTERS, Jack Smith, Jr., Wayne Turner, Arlyn Wadholm and Russel Pederson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1978.

Rehearing and Rehearing Denied May 15, 1978.

Attorney(s) appearing for the Case

Robert A. Mandel, New Town, N. D., argued, for appellant; Thomas K. Schoppert (argued), Lynaugh & Fitzgerald, Billings, Mont., and Thomas O. Gunderson, North Dakota Legal Services, New Town, N. D., on brief.

Tom M. Beyer, Dickinson, N. D., for appellees.

James R. Britton, U. S. Atty., Fargo, N. D., Drew S. Days, III, Asst. Atty. Gen., and Walter W. Barnett, and Judith E. Wolf, Attys., Dept. of Justice, Washington, D. C., on brief for U. S. as amicus curiae.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 15, 1978.

HEANEY, Circuit Judge.

Beulah Chase is an enrolled member of the Three Affiliated Indian Tribes which occupy the Fort Berthold Reservation in North Dakota. She brought this action for declaratory, injunctive and monetary relief pursuant to 42 U.S.C. § 1983 and § 1985(3) against the mayor and councilmen of New Town, North Dakota, individually and in their official capacities. She alleged that their...

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