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SAC & FOX TRIBE OF MISSISSIPPI IN IOWA v. LICKLIDER

Nos. 77-1534, 77-1595.

576 F.2d 145 (1978)

SAC AND FOX TRIBE OF the MISSISSIPPI IN IOWA, Appellant, and United States v. Les LICKLIDER, Chairman, State Conservation Commission, Thomas A. Bates, Jim D. Bixter, John G. Link, Carolyn T. Lumbard, Herbert T. Reed, and John Thompson, members of the State Conservation Commission, Fred A. Priewart, Executive Director, State Conservation Commission, and Kenneth Kakac, Superintendent of Law Enforcement, Hunting and Fishing, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1978.

Rehearing Denied June 7, 1978.

Attorney(s) appearing for the Case

John Wabaunsee, Native American Rights Fund, Boulder, Colo. (argued) and Merle Royce, Marshalltown, Iowa, on brief, for Sac and Fox Tribe.

John J. Zimmerman (argued), Edmund B. Clark, Attys., Land and Natural Resources Div., App. Section, Dept. of Justice, Washington, D. C., and James W. Moorman, Asst. Atty. Gen., Washington, D. C., on brief, for United States.

James C. Davis, Asst. Atty. Gen., Des Moines, Iowa (argued) and Richard C. Turner, Atty. Gen., Des Moines, Iowa, on brief, for appellees.

Before GIBSON, Chief Judge, STEPHENSON, Circuit Judge, and BECKER, Senior District Judge.

STEPHENSON, Circuit Judge.

This case presents the question of whether the state of Iowa has jurisdiction to regulate hunting, fishing and trapping by members of the Sac and Fox Tribe of the Mississippi in Iowa (Tribe) on a tract of land in Tama County, Iowa, occupied by the Tribe.

The Tribe presently resides on a 3,000 acre tract of land in Tama County, Iowa, which is held in trust by the United States for the use...

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