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STATE OF WIS. v. BAKER

Nos. 81-2868, 81-2916.

698 F.2d 1323 (1983)

STATE OF WISCONSIN, Plaintiff-Appellee, Cross-Appellant, v. Odric BAKER, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 1983.

Attorney(s) appearing for the Case

Richard B. Collins, Native American Rights Fund, Boulder, Colo., for defendants-appellants, cross-appellees.

John D. Niemisto, Mary V. Bowman, Asst. Attys. Gen., Wisconsin Dept. of Justice, Madison, Wis., for plaintiff-appellee, cross-appellant.

Gene M. Potack, James M. Jannetta, Kathryn L. Tierney, Howard J. Bichler, Wisconsin Judicare, Inc., Wausau, Wis., for amicus curiae.

Before CUMMINGS, Chief Judge, PELL, Circuit Judge, and WEICK, Senior Circuit Judge.

CUMMINGS, Chief Judge.

This case involves a jurisdictional dispute between the state of Wisconsin ("the State") and a band of American Indians. Each claims exclusive jurisdiction to regulate fishing and hunting by the general public in certain navigable lakes in Wisconsin. After a bench trial on the merits, the district court upheld the State's claim and granted declaratory and injunctive relief against defendant officials of the band. Defendants appeal from that...

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