WHITE EARTH BAND OF CHIPPEWA INDIANS v. ALEXANDER

Nos. 81-1805, 81-1833, 81-1861 and 81-1862.

683 F.2d 1129 (1982)

WHITE EARTH BAND OF CHIPPEWA INDIANS, Appellee, 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, Counties of Mahnomen, Clearwater and Becker, Elmer H. Winter, Kenneth Albertson, Joe Klinkhammer, Ed Grahame, Appellants. UNITED STATES of America, Appellee, v. STATE OF MINNESOTA, Appellee/Cross Appellant. WHITE EARTH BAND OF CHIPPEWA INDIANS, Appellee, 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, Counties of Mahnomen, Clearwater and Becker, Elmer W. Winter, Kenneth Albertson, Joe Klinkhammer, Ed Grahame, Appellants. UNITED STATES of America, Appellee, v. STATE OF MINNESOTA, Appellant. WHITE EARTH BAND OF CHIPPEWA INDIANS, Appellant, 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, Counties of Mahnomen, Clearwater and Becker, Elmer W. Winter, Kenneth Albertson, Joe Klinkhammer, Ed Grahame, Appellees. UNITED STATES of America, v. STATE OF MINNESOTA, Appellee. WHITE EARTH BAND OF CHIPPEWA INDIANS, Appellee, 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, Counties of Mahnomen, Clearwater and Becker, Elmer W. Winter, Kenneth Albertson, Joe Klinkhammer, Ed Grahame, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1982.


Attorney(s) appearing for the Case

Carol E. Dinkins, Asst. Atty. Gen., James M. Rosenbaum, U.S. Atty., Francis X. Hermann, Asst. U.S. Atty., Minneapolis, Minn., Edward J. Shawaker, Kay L. Richman, Attys., Dept. of Justice, Washington, D.C., for United States; John Jacobson, Atty., U.S. Dept. of the Interior, St. Paul, Minn., of counsel.

Tupper, Smith & Mattson, by Kent P. Tupper, Walker, Minn., for White Earth Band of Chippewa Indians; Bernard P. Becker, St. Paul, Minn., of counsel.

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

Tom D. Tobin, Winner, S.D., and David Albert Mustone, Washington, D.C., for Mahnomen, Clearwater, and Becker Counties, Minn.

Alfred C. Schmidt, Bemidji, Minn., for Winter, et al.

Before HENLEY, Circuit Judge, GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


McMILLIAN, Circuit Judge.

This case presents appeals and cross-appeals from the district court's1 granting of motions for issue preclusion and determination of the litigation on the merits. For partial reversal, the White Earth Band of Chippewa Indians argues that the district court erred in (1) ruling that four townships2 had not been restored to the White Earth Reservation and (2) determining that the State...

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