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CITY OF SAULT STE. MARIE, MICH. v. ANDRUS

Civ. A. No. 77-1388.

532 F.Supp. 157 (1980)

CITY OF SAULT STE. MARIE, MICHIGAN, Plaintiff, v. Cecil D. ANDRUS, et al., Defendants.

United States District Court, District of Columbia.

On Motion to Reconsider December 12, 1980.

Attorney(s) appearing for the Case

David Albert Mustone, Michael W. Breeskin, Earl R. Mettler, Tobin & Covey, Washington, D. C., Thomas G. Moher, City Atty., Sault Ste. Marie, Mich., for plaintiff.

Barbara N. Coen, Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., for defendants.

Richard B. Collins, Boulder, Colo., Daniel T. Green, Sault Ste. Marie, Mich., for Chippewa Indians of Sault Ste. Marie.

MEMORANDUM OPINION

FLANNERY, District Judge.

This case calls for review of action taken by the Secretary of Interior (Secretary) under the Indian Reorganization Act of 1934 (IRA), 25 U.S.C. §§ 461-479. Section 5 of the IRA, 25 U.S.C. § 465, authorizes the Secretary to acquire lands and hold them in trust for American Indians.1 That same section provides that such lands are exempt from local taxation,

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