DANKS v. FIELDS

No. 82-1303.

696 F.2d 572 (1982)

Edward S. DANKS, John Fredericks, Maurice Danks, Dennis Snow, Lyle Danks, Curtis Danks, Clayton Danks, Emerson Chase, Ron Brugh, Williams Hall, Sr., Joe Chase, Bobbie Chase, Dennis Huber, Judy Fredericks, and Fort Berthold Land and Livestock Association, a Corporation, Appellants, v. Harrison FIELDS, Acting Superintendent of the Fort Berthold Indian Reservation; Harley Zephier, Area Director of the Aberdeen Office of the Bureau of Indian Affairs; Cecil Andrus, Secretary of the Interior, or Any of Their Successors, Agents or Employees, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1982.


Attorney(s) appearing for the Case

Thomas K. Schoppert, Schoppert Law Firm, New Town, N.D., for appellants.

Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Rodney S. Webb, U.S. Atty., Charles S. Miller, Jr., Asst. U.S. Atty., Fargo, N.D., Dirk D. Snel, Nancy B. Firestone, Attys., Dept. of Justice, Washington, D.C., for appellees.

Before HEANEY, JOHN R. GIBSON and FAGG, Circuit Judges.


HEANEY, Circuit Judge.

This appeal involves a controversy over grazing fees established by the Bureau of Indian Affairs (BIA) for land on the Fort Berthold Indian Reservation in North Dakota. The BIA issued grazing permits for that land in November, 1976, which expired on October 30, 1980. In October, 1979, the BIA announced that the annual grazing fee for the fourth and final year of the permit term would be increased from $42 per animal unit to $57 per animal unit...

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