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RED LAKE BAND OF CHIPPEWA INDIANS v. BARLOW

Nos. 85-5272, 87-5188.

846 F.2d 474 (1988)

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. RED LAKE BAND OF CHIPPEWA INDIANS, Red Lake, Minnesota, and Roger A. Jourdain, Chairman, Red Lake, Minnesota, Appellants, 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, Donald Hodel, Secretary of Interior, U.S. Department of Interior, Appellees.

United States Court of Appeals, Eighth Circuit.

May 2, 1988.

Attorney(s) appearing for the Case

Rodney E. Edwards, Duluth, Minn., for appellants.

Jerome G. Arnold, U.S. Atty., Mary E. Carlson, Asst. U.S. Atty., Minneapolis, Minn., for appellees.

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

ORDER

The Secretary of the Interior petitions this Court for modification of the opinion in Red Lake Band of Chippewa Indians v. Barlow, 834 F.2d 1393 (8th Cir.1987).1 In that opinion we interpreted a 1916 Act of Congress which created a trust account to be managed by the Secretary for the operation of a sawmill on the Red Lake Indian Reservation. We instructed the district court to hold an evidentiary...

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