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WHITE EARTH, ETC. v. ALEXANDER

Civ. Nos. 3-74-63, 3-74-305.

518 F.Supp. 527 (1981)

WHITE EARTH BAND OF CHIPPEWA INDIANS, Plaintiff, v. Joseph N. ALEXANDER, individually, and as Commissioner of Natural Resources for the State of Minnesota, and Fredean C. Hammer, Director of the Division of Enforcement and Field Service for the Department of Natural Resources, Defendants, and Counties of Mahnomen, Clearwater, and Becker, Intervenors-Defendants, and Elmer H. Winter, Kenneth Albertson, Joe Klinkbomme, Ed Grahame, Intervenors-Defendants. UNITED STATES of America, Plaintiff, v. STATE OF MINNESOTA, Defendant.

United States District Court, D. Minnesota, Third Division.

June 25, 1981.

Attorney(s) appearing for the Case

Kent P. Tupper and Peterson, Tupper & Smith, Walker, Minn., and Bernard P. Becker, St. Paul, Minn., for plaintiff White Earth Band of Chippewa Indians.

Thomas K. Berg, U. S. Atty., Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., John Jacobsen, Washington, D.C., for the United States.

Warren Spannaus, Atty. Gen. of State of Minn., James M. Schoessler, Sp. Asst. Atty. Gen., St. Paul, Minn., for State of Minn. and Minn. Dept. of Natural Resources.

Alfred Schmidt, Bemidji, Minn., for individual intervenor-defendants.

Tom D. Tobin, Winner, S.D., and David Albert Mustone, Tobin Law Offices, Washington, D.C., for county intervenor-defendants.

MEMORANDUM AND ORDER

DEVITT, Senior District Judge.

This is an action brought by the White Earth Band of Chippewa Indians seeking declaratory relief to determine the Band's rights to hunt, fish, trap and gather wild rice on the White Earth Reservation without regulation or licensing by the defendants, and whether the Band has jurisdiction to regulate hunting, fishing, trapping, and wild rice gathering within the White Earth Reservation. The Band seeks permanent...

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