MANYPENNY v. U.S.

No. 90-5480.

948 F.2d 1057 (1991)

Marvin MANYPENNY, Margaret Norcross, Seraphine Rock, Theodore Hoagland, Leroy Nelson, George McDonald, Dorothy Brown, John Brown, Maggie Weaver, Winona LaDuke, Sun Bear (a/k/a Vincente LaDuke), Shirley LaDuke, Clifton LaDuke, George Peake, Jr., David Peake, Lesley Bellecourt, Fred Weaver, Earl Peabody, Maji Gabo, a/k/a Laverne Boswell, John Bush, Harry Kettle, Albert Murray, Luella B. Morrison Hulbert, and George Fineday, Sr., Appellants, and Norma Koenen, individually, and on behalf of all others similarly situated, v. The UNITED STATES of America, the United States Department of Interior, Donald Hodel, in his official capacity as Secretary of the Interior, Ross Swimmer, in his official capacity as Assistant Secretary of the Interior for Indian Affairs; State of Minnesota, County of Becker, County of Clearwater, County of Mahnomen, Thomas Triplett, Commissioner of Revenue, State of Minnesota, individually and in his official capacity, Ernest E. Kretzschmar, Harold Nystrom, Elizabeth Nystrom, Albin Scherping, S.E. Mooers, Violet J. Schroeder, Samuel Gladdig, Frances Johnson, L.G. Everest, Inc., Leslie M. Hanson, Waubaun School District # 435, Allan Aanerud, Arnold Basted, Douglas Kramer, Joan Kramer, Richer Swierr, Agnes Swierr, A.J. Wambach, Jr., Beryl Wambach, Brian M. Elliott, Veronica M. Elliott, Appellees, Gerald Fleming, Susan J. Fleming, Robert G. McGregor, Jacqueline McGregor, John Doe and Mary Roe, current and past holders or claimants to lands on the White Earth Indian Reservation properly belonging to Plaintiffs and members of the respective classes they represent, Appellees. George FINEDAY, Sr., Fred Weaver, Melvin Buckanaga, Sr., John Gwinn, Hank Smith, Freda Higman, Marvin Manypenny, Sullivan Adams, Hazel Arthur, Karen Manypenny, Dorothy Brown, Bernice Buckanaga, Hazel Aitkin, Sally Lu Littlewolf, Appellants, v. The UNITED STATES of America, the United States Department of Interior, Donald Hodel, individually and in his official capacity as Secretary of Interior, Ross Swimmer, individually and in his official capacity as Assistant Secretary of the Interior for Indian Affairs, State of Minnesota, County of Becker, County of Clearwater, County of Mahnomen, Thomas Triplett, Commissioner of Revenue, State of Minnesota, individually and in his official capacity, T.P. Kremer, William Sheeler, Oscar Peterson, Gerald Fleming, Carol Fleming, A. Roger Viker, R.D. Malmo, Edward Trautner, Leona Trautner, St. C. Lister Co., John Donley and Glenice Donly, and John Doe and Mary Roe, current and past holders or claimant to lands on the White Earth Indian Reservation properly belonging to Plaintiffs and members of the respective classes they represent, Arnold Blazer, Marion J. Pederson, Theodore E. Dubois, Arthur E. Erickson, Gwendolyn Erickson, Ralph C. Kunze, Adryn Sponberg, James B. Hull, Muriel A. Hull, Paul Stalberger, Joann Stalberger, Raymond Brtek, Lawrence Osenga, Diane Osenga, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1991.


Attorney(s) appearing for the Case

Kurt V. BlueDog, Bloomington, Minn., argued (Edward M. Peterson, Jr., on the brief), for appellants.

Mary E. Carlson, Minneapolis, Minn., argued (Jerome G. Arnold, on the brief), for appellee U.S.

William A. Szsotkowski, St. Paul, Minn. (Hubert H. Humphrey III, Jerilyn K. Aune, on the brief), for appellee State of Minn.

Nancy Wiltgen Reibert, Minneapolis, Minn., argued (Charles K. Dayton, on the brief), for appellee Becker, et al.

Wayne P. Dordell, St. Paul, Minn., argued, for appellee Wambach, et al.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

Marvin Manypenny and George Fineday, Sr., as the first-named plaintiffs in two consolidated lawsuits brought by a total of thirty-five enrolled members of the White Earth Band of Chippewa Indians appeal from judgments entered against them on motions to dismiss. The lawsuits seek to quiet title on behalf of certain Indians or their heirs to property currently possessed by others. The plaintiffs seek declaratory, injunctive and monetary...

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