UNITED STATES v. STATE OF MICH.

No. M26-73 C.A.

520 F.Supp. 207 (1981)

UNITED STATES of America, et al., Plaintiffs, v. STATE OF MICHIGAN, et al., Defendants.

United States District Court, W. D. Michigan, N. D.

August 18, 1981.


Attorney(s) appearing for the Case

Robert C. Greene, U. S. Atty., U. S. Dept. of Justice, W. D. Mich., Grand Rapids, Mich., Elmer T. Nitzschke, Field Sol., U. S. Dept. of the Interior, St. Paul, Minn., for the U. S.

Stewart H. Freeman, Asst. Atty. Gen., Lansing, Mich., for State of Mich.

Stephen O. Schultz, Foster, Swift, Collins & Coey, Lansing, Mich., for Grand Traverse Area Sport Fishing Ass'n.

Richard B. Baxter, Baxter & Hammond, Grand Rapids, Mich., for Honorable Charles M. Forster, Judge of the Thirteenth Judicial Circuit of the State of Mich.

Bruce R. Greene, Native American Rights Fund, Boulder, Colo., William J. James, Upper Peninsula Legal Services, Sault Ste. Marie, Mich., for Bay Mills Indian Community.

Daniel T. Green, Sault Ste. Marie, Mich., for Sault Ste. Marie Tribe of Chippewa Indians.

William Rastetter, Michigan Indian Legal Services, Traverse City, Mich., for Grand Traverse Band of Ottawa and Chippewa Indians.


OPINION

FOX, Senior District Judge.

On May 28, 1980, the United States Court of Appeals for the Sixth Circuit, 623 F.2d 448, issued an Order which remanded this case to the district court to consider the meaning and effect of new federal regulations on this Indian treaty fishing dispute. Since this court's opinion of May 7, 1979, 471 F.Supp. 192, the Secretary of the Interior had issued...

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