STATE OF ALASKA v. NATIVE VILLAGE OF VENETIE

No. 87-4333.

856 F.2d 1384 (1988)

The STATE OF ALASKA, ex rel.; YUKON FLATS SCHOOL DISTRICT; Unalakleet/Neeser Construction JV; Unalakleet Native Corporation; Neeser Construction Company; and Gerald Neeser, Plaintiffs-Appellees, v. NATIVE VILLAGE OF VENETIE; Venetie Native Council; the Venetie Tax Court; the Venetie Tax Commission; Gideon James; Lawrence Roberts; Larry Williams; Ernest Erick; Lincoln Tritt; John Titus; and David Case, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1988.


Attorney(s) appearing for the Case

Robert T. Anderson, Anchorage, Alaska, for defendants-appellants.

Douglas K. Mertz, Jack McGee and William F. Cummings, Asst. Attys. Gen., Juneau, Alaska, for plaintiffs-appellees.

James R. Atwood, Dwight C. Smith, III, Covington & Burling, Wash., D.C., Williams B. Rozell and Richard B. Brown, Faulkner, Banfield, Doogan & Holmes, Juneau, Alaska, for amici curiae.

Before WRIGHT, FERGUSON and BRUNETTI, Circuit Judges.


BRUNETTI, Circuit Judge:

I

The Village of Venetie ("Venetie") and Arctic Village are communities located in north-central Alaska, primarily inhabited by Native Alaskans. In 1940, Venetie reorganized under the Indian Reorganization Act of 1934 ("IRA"), ch. 576, 48 Stat. 984 (codified as amended at 25 U.S.C. § 461 et seq.), forming both a constitutional governing body and a corporate body. Arctic Village did not reorganize.

In 1943, the Secretary...

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