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STATE v. NEWAGO

No. 85-2185.

134 Wis.2d 420 (1986)

397 N.W.2d 107

STATE of Wisconsin, Plaintiff-Respondent, v. Thomas NEWAGO, Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. John H. PERO, Jr., Defendant-Appellant STATE of Wisconsin, Plaintiff-Respondent, v. John LEMIEUX, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 28, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants, Thomas Newago, John H. Pero, Jr., and John Lemieux, there were briefs and oral argument by John M. Wiley of Wisconsin Judicare, Inc., and Candy L. Jackson, co-counsel Bad River Tribal Attorney, and Howard J. Bichler of Rice Lake, Wisconsin.

For the plaintiff-respondent, State of Wisconsin, there was a brief and oral argument by Bronson C. La Follette, attorney general, and Jody S. Melms, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Thomas Newago, John Pero, Jr., and John Lemieux (Newago), members of the Bad River Band of the Lake Superior Chippewas, appeal convictions for netting lake trout in a restricted area of Lake Superior. Newago claims that the trial court erred by finding the state Department of Natural Resources (DNR) regulation reasonable and necessary to preserve Lake Superior's lake trout population. He also argues that the regulation discriminated against the Bad River...

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