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RED LAKE BAND OF CHIPPEWAS v. BAUDETTE, MINN.

Civ. No. 4-89-719.

730 F.Supp. 972 (1990)

RED LAKE BAND OF CHIPPEWAS, Plaintiff, v. CITY OF BAUDETTE, MINNESOTA, a municipal corporation; Independent School District No. 386, Successor in Interest to Independent School District No. 111, a municipal corporation; State of Minnesota; Canadian National railroad Company, a corporation, Successor in Interest to the Minnesota and Manitoba Railroad Company, a corporation; Minn-Kota Power Cooperative, Inc., a corporation; First National Bank of Baudette, a corporation; Baudette Oil Co., Inc., a corporation; Larry Larson, dba Rapid River Grain and Seed Company; Howard Mord, dba Howard's Oil Company; and Elwood L. Dahl and Lloydeen E. Dahl, dba Phillips 66, Defendants.

United States District Court, D. Minnesota, Fourth Division.

February 2, 1990.

Attorney(s) appearing for the Case

Rodney J. Edwards, Edwards, Edwards & Bodin, Duluth, Minn., Mary V. Barney, Marvin J. Sonosky, Sonosky, Chambers & Sachse, Washington, D.C., for plaintiff.

Adlai W. Brink, Baudette, Minn., for defendant City of Baudette.

John E. Jacobson, Minneapolis, Minn., for defendants City of Baudette and Independent School Dist. No. 386.

Hubert H. Humphrey, III, Minnesota Atty. Gen., and Gail I. Lewellan, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendant State of Minn.

G.W. Harries, Hanft, Fride, O'Brien, Harries, Selbar & Burns, Duluth, Minn., Philip A. Nacke, Hopkins, Sutter, Hamel & Park, of counsel, Washington, D.C., for defendants Canadian Nat. R. Co. and Minnesota & Manitoba Ry. Co.

Daniel C. Adams, Jeffrey R. Ansel, Timothy K. Masterson, Winthrop & Weinstine, St. Paul, Minn., for defendant First Nat. Bank of Baudette.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on the motion of defendants State of Minnesota, Minnesota and Manitoba Railroad Co., First National Bank of Baudette, City of Baudette and Independent School District No. 386 to dismiss for failure to join an indispensable party. The State of Minnesota also moves for dismissal based upon the sovereign immunity. The motions will be denied.

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