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NORTHERN ARAPAHOE TRIBE v. HODEL

No. 85-1007.

808 F.2d 741 (1987)

The NORTHERN ARAPAHOE TRIBE, in its own right and on Behalf of all members of the Northern Arapahoe Tribe, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of the Interior, Kenneth L. Smith, Assistant Secretary, Indian Affairs, Richard C. Whitesell, Bureau of Indian Affairs, Billings Area Office Director, L.W. Collier, Wind River Agency Superintendent, Defendants-Appellees, and The Shoshone Tribe of the Wind River Indian Reservation, Wyoming, Intervening Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 9, 1987.

Attorney(s) appearing for the Case

Dale T. White (Thomas W. Fredericks and Robert S. Thompson, III, with him on brief), Fredericks & Pelcyger, Boulder, Colo., for plaintiff-appellant.

Blake A. Watson (F. Henry Habicht II, Asst. Atty. Gen., Richard A. Stacy, U.S. Atty., Cheyenne, Wyo., Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., and Robin Friedman, of counsel, Office of Sol., Dept. of Interior, Washington, D.C., with him on brief), Atty., Dept. of Justice, Washington, D.C., for defendants-appellees.

Kenneth J. Guido, Jr., Washington, D.C., for intervening defendant-appellee.

Before SEYMOUR and SETH, Circuit Judges, and BROWN, District Judge.

SEYMOUR, Circuit Judge.

The Northern Arapahoe and Shoshone Tribes jointly inhabit the Wind River Indian Reservation in western Wyoming. At the request of the Shoshone Tribe (the Shoshone), the Secretary of the Interior promulgated regulations establishing a game code regulating hunting on the reservation. The Arapahoe Tribe (the Arapahoe) sued the Secretary and other federal officials, seeking declaratory and injunctive relief to prevent enforcement of the regulations...

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