BIGELOW v. MICHIGAN DEPT. OF NATURAL RESOURCES

No. 90-1091.

970 F.2d 154 (1992)

Clifford BIGELOW, License No. 401; Brown Fisheries, License No. 404; Casey Fisheries, License No. 405; Gerald L. Moore, License No. 412; Paul H. Brown, License No. 417; Cedarville Fish Company, License No. 420; Lamb Fishery, Inc., License No. 425; John Leclair, License No. 430; Robert Chartrand and Christine Chartrand, License No. 433; Shirley A. Wilcox, Jeffrey M. Wilcox, and Daniel Wilcox, License No. 447; Clarence Brooks and Winifred Brooks, License No. 500; Donald R. Cole, License No. 503; James Kenwabikise, Paul David Kenwabikise Estate, and Stephen Kenwabikise, License No. 516; Francis E. Martin and Jacqueline L. Martin, License No. 517; John Cross, Jr. and Jerry Ranville, License No. 602, Plaintiffs, Leonard Dutcher Fishery, Inc., License No. 408; Roger Wollangur and Raymond Halberg, License No. 431; Harold W. Sellman, License No. 442; Melvin R. Sellman, License No. 443; Wayne Wachter and Mary Wachter, License No. 445; Our Son's Fisheries, License No. 448; Frazier Fish Corporation, License No. 460; Baker Fishery, Inc., License No. 461; L & H Fishery, License No. 501; Ralph Cross, Jr. and Ralph Cross, Sr., License Nos. 505 and 518, Plaintiffs-Appellants, v. MICHIGAN DEPARTMENT OF NATURAL RESOURCES and David F. Hales, Director of the Michigan Department of Natural Resources, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1992.


Attorney(s) appearing for the Case

Dale W. Rhoades (argued & briefed), Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, Mich., Charles M. Brown, Brown & Brown, St. Ignace, Mich., for Clifford Bigelow, et al.

Charles M. Brown, Brown & Brown, St. Ignace, Mich., for Leonard Dutcher Fishery, Inc., et al.

Thomas J. Emery, Kevin T. Smith, Asst. Attys. Gen. (argued & briefed), Natural Resources Div., Lansing, Mich., for Michigan Dept. of Natural Resources, David F. Hales.

Before NELSON and BOGGS, Circuit Judges, and KRUPANSKY, Senior Circuit Judge.


BOGGS, Circuit Judge.

This case results from complications caused by the federal government's attempt to restore aboriginal fishing rights to Michigan Indians. A group of commercial fishermen challenged the State of Michigan's support of a plan, approved by a federal court, by which Indians were given exclusive rights to fish in certain Michigan waters. The district court granted the defendants' motions for summary judgment and dismissal, and the plaintiffs appeal...

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