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UNITED STATES v. STATE OF MICH.

Nos. 80-1795, 80-1819, 81-1199 and 81-1268.

712 F.2d 242 (1983)

UNITED STATES of America, Plaintiff-Appellee, and Bay Mills Indian Community, Sault Ste. Marie Tribe of Chippewa Indians and Grand Traverse Band of Ottawa-Chippewa Indians, Plaintiffs-Intervenors-Appellees, v. STATE OF MICHIGAN, et al., Defendants, and Thirteenth Judicial Circuit of the State of Michigan and Grand Traverse Sport Fishing Association, Intervenors-Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1983.

Attorney(s) appearing for the Case

Richard B. Baxter, Robert N. Alt, Jr., Grand Rapids, Mich., for 13th Judicial Circuit of the State of Mich.

James S. Brady, U.S. Atty., Grand Rapids, Mich., Elmer T. Nitzschke, Fort Snelling, Minn., Edward Shawaker, Dept. of Justice (argued), Anthony C. Liotta, Robert L. Klarquist, Washington, D.C., for U.S.

James F. Wynn, Theodore W. Swift, Stephen O. Schultz (argued), Foster, Swift, Collins & Coey, Lansing, Mich., for Grand Traverse Area Sport Fishing Assn.

Bruce R. Greene, Native American Rights Fund, Boulder, Colo. (argued), William James, U.P. Legal Services, Sault Ste. Marie, Mich., for Bay Mills Indian Community.

Daniel T. Green, Sault Ste. Marie, Mich., William Rastetter, Michigan Indian Legal Services, Traverse City, Mich., for Grand Traverse Band of Ottawa-Chippewa Indians.

Before MERRITT and MARTIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

MERRITT, Circuit Judge.

This is the fourth time we have heard arguments on some aspect of this case brought initially by the United States against the State of Michigan in 1973 to resolve a treaty dispute over the right of Indian tribes in Michigan to engage in gill net fishing in Lake Michigan. The first time we considered and upheld newly enacted federal regulations governing treaty fishing rights adopted by the Secretary of the Interior, and we remanded the case...

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