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ASSINIBOINE AND SIOUX TRIBES v. BD. OF OIL AND GAS

No. 85-3573.

792 F.2d 782 (1986)

ASSINIBOINE AND SIOUX TRIBES OF the FORT PECK INDIAN RESERVATION, Plaintiffs-Appellants, v. The BOARD OF OIL AND GAS CONSERVATION OF the STATE OF MONTANA, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1986.

Attorney(s) appearing for the Case

Marvin J. Sonosky, Kevin A. Griffin, Sonosky, Chambers & Sachse, Washington, D.C., for plaintiffs-appellants.

Blake A. Watson, Dirk D. Snel, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before SKOPIL, FLETCHER and WIGGINS, Circuit Judges.

FLETCHER, Circuit Judge:

The Assiniboine and Sioux Tribes of the Fort Peck Reservation appeal from the district court's order granting the Secretary of the Interior's motion to dismiss. The Tribes claim that the Secretary of the Interior unlawfully delegated his authority by entering into a Cooperative Agreement with the Board of Oil & Gas Conservation of the State of Montana. The district court dismissed the action, holding that there was no justiciable controversy...

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