SOKAOGON CHIPPEWA COMMUNITY v. STATE OF WIS.

No. 88-2772.

879 F.2d 300 (1989)

SOKAOGON CHIPPEWA COMMUNITY, Plaintiff-Appellant, v. STATE OF WISCONSIN, ONEIDA COUNTY, Max Peterson, Chief, U.S. Forest Service, James Berlin, Forest Supervisor, United States of America, Forest County, Langlade County, and Exxon Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 24, 1989.

Rehearing and Rehearing Denied September 11, 1989.


Attorney(s) appearing for the Case

Earl A. Charlton, Daniel W. Stevens, Milwaukee, Wis., Milton Rosenberg, Madison, Wis., Sokaogon Chippewa Community, plaintiff-appellant.

John D. Niemisto, Asst. Atty. Gen., Wis. Dept. of Justice, Madison, Wis., Fred W. Kawalski, Office of the Corp. Counsel, Antigo, Wis., Lawrence R. Heath, Office of the Corp. Counsel, Rhinelander, Wis., for State of Wisconsin and Oneida County, defendants-appellees.

Louise F. Milkman, Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., for Fred W. Kawalski, Office of the Corp. Counsel, Antigo, Wis., Lawrence R. Heath, Office of the Corp. Counsel, Rhinelander, Wis., Philip J. Freeburg, Schofield, Wis., for Max Peterson, Chief U.S. Forest Service, defendant-appellee.

John D. Niemisto, Asst. Atty. Gen., Madison, Wis., Fred W. Kawalski, Office of the Corp. Counsel, Antigo, Wis., Lawrence R. Heath, Office of the Corp. Counsel, Rhinelander, Wis., Philip J. Freeburg, Schofield, Wis., for Langlade County, defendant-appellee.

David E. Beckwith, David Lucey, Foley & Lardner, Milwaukee, Wis., for Exxon Corp., defendant-appellee.

William T. Finley, Jr., David F.B. Smith, Pierson, Semmes & Finley, Washington, D.C., for American Land Title Ass'n, amicus curiae.

Before CUMMINGS, POSNER, and FLAUM, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 11, 1989.

POSNER, Circuit Judge.

The Sokaogon Chippewa Community, an Indian tribe, brought suit against the United States, Exxon Corporation, and other defendants under 28 U.S.C. § 1362 to establish its treaty right to a tract 12 miles square (144 square miles, or 92,600 acres) in northern Wisconsin. The tract is rural, and contains federal and state public lands as well as vacation homes, farms, and other...

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