LAC COURTE OREILLES INDIANS v. STATE OF WIS.

No. 74-C-313-C.

749 F.Supp. 913 (1990)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS; Red Cliff Band of Lake Superior Chippewa Indians; Sokaogon Chippewa Indian Community, Mole Lake Band of Wisconsin; St. Croix Chippewa Indians of Wisconsin; Bad River Band of the Lake Superior Chippewa Indians; Lac Du Flambeau Band of Lake Superior Chippewa Indians, Plaintiffs, v. STATE OF WISCONSIN, Wisconsin Natural Resources Board, Carroll D. Besadny, James Huntoon, and George Meyer, Defendants.

United States District Court, W.D. Wisconsin.

As Amended October 22, 1990.


Attorney(s) appearing for the Case

Tracey Schwalbe, Hayward, Wis., for Lac Courte Oreilles.

Howard Bichler, St. Croix Tribal Council, Hertel, Wis., for St. Croix Chippewa Indians.

Joseph L. Young, Tribal Atty., Lac Du Flambeau Band, Lac Du Flambeau, Wis., for Lac Du Flambeau Band.

Earl Charlton, Milwaukee, Wis., for Mole Lake Band.

Milton Rosenberg, Madison, Wis., for Red Cliff Band.

David J. Siegler, Odanah, Wis., for Bad River Band.

James L. Beck, Wisconsin Judiciare Inc., Wausau, Wis., for Wisconsin Judicare Inc.

P. Scott Hassett, Madison, Wis., for amicus plaintiff.

Thomas L. Dosch, Philip Peterson, Lisa Levin, Asst. Attys. Gen., Madison, Wis., for State of Wis.


OPINION AND ORDER

CRABB, Chief Judge.

Plaintiffs brought this action under 28 U.S.C. § 1362 and 42 U.S.C. § 1983, as political successors in interest to the Lake Superior Chippewa, claiming usufructuary rights on territory ceded to the United States by the Lake Superior Chippewa by treaties of 1837 and 1842. Plaintiffs are seeking a declaratory judgment concerning their off-reservation usufructuary hunting, fishing, and gathering rights under the...

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