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RED LAKE BAND OF CHIPPEWA INDIANS v. BARLOW

No. 85-5272.

787 F.2d 1235 (1986)

RED LAKE BAND OF CHIPPEWA INDIANS, RED LAKE, MINNESOTA, and Roger A. Jourdain, Chairman, Red Lake, Minnesota, Appellees, v. Earl J. BARLOW, Area Director, Minneapolis Area Office, and Rex Mayotte, Superintendent, Red Lake Agency, Bureau of Indian Affairs, United States Department of Interior, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 31, 1986.

Attorney(s) appearing for the Case

Edward J. Shawaker, of the Dept. of Justice, Washington, D.C., for appellants.

Rodney E. Edwards of Duluth, Minn., for appellees.

Before HEANEY and FAGG, Circuit Judges, and WOODS, District Judge.

PER CURIAM.

The Bureau of Indian Affairs appeals the district court's May 30, 1985, order requiring it to transfer funds from accounts set up for the operation of the Red Lake Sawmill to the Red Lake Indians' general trust account. We reverse and remand.

I. BACKGROUND.

In 1916, Congress created a forest reserve within the boundaries of the Red Lake Indian Reservation, Act of May 18, 1916, ch. 125, 39 Stat. 123, 137. The reserve was to be administered...

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