NORTHERN CHEYENNE TRIBE v. LUJAN

Civ. No. 82-116-BLG-JFB.

804 F.Supp. 1281 (1991)

NORTHERN CHEYENNE TRIBE, Plaintiff, v. Manuel LUJAN, Jr., Secretary of the Interior, et al., Defendants.

United States District Court, D. Montana, Billings Division.

July 24, 1991.


Attorney(s) appearing for the Case

Stephen Foster, Holland & Hart, Billings, Mont., for Internal Thermal Energy.

Thomas Ebzery, and Lawrence Peterson, Dorsey & Whitney, Billings, Mont., for Interv. Westco.

Urban Roth, Gary L. Walton, Butte, Mont., for Western Energy Co.

Fred Wagner, John Gregory, Gen. Litigation Section, Solicitors Office, Washington, D.C.

Steven Chestnut, & Mark Slonim, Ziontz Law Firm, Seattle, Wash., and Calvin Wilson, Lame Deer, Mont., for plaintiffs (Tribe).

Kris McLean, Asst. U.S. Atty., Butte, Mont., Doris Poppler, U.S. Atty., Billings, Mont., for defendants.


MEMORANDUM OPINION AND ORDER

BATTIN, Senior District Judge.

Intervenors Thermal Energy Company ("Thermal") and Wesco Resources, Inc. ("Wesco") have moved the Court for an order (1) voiding their lease interests in federal coal, located adjacent to the Northern Cheyenne Reservation in southeastern Montana, and (2) seeking a refund of monies paid to the government to secure these lease interests. For the reasons set forth below, these Motions are granted....

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