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FORT BELKNAP INDIAN COMMUNITY v. STATE OF MONT.

No. CV-89-215-GF.

793 F.Supp. 949 (1992)

The FORT BELKNAP INDIAN COMMUNITY OF the FORT BELKNAP INDIAN RESERVATION, Plaintiff, v. The STATE OF MONTANA, Defendant.

United States District Court, D. Montana, Great Falls Division.

April 22, 1992.

Attorney(s) appearing for the Case

James L. Vogel, Hardin, Mont., for plaintiff.

Marc Racicot, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Helena, Mont., for defendant.

MEMORANDUM AND ORDER

HATFIELD, Chief Judge.

Plaintiff, the Fort Belknap Indian Community ("the Community"), instituted the present declaratory judgment action, pursuant to 28 U.S.C. §§ 2201-2202, challenging the State of Montana's authority to prosecute Indian persons for criminal violations of state liquor laws that occur within Indian country.1 Having considered the arguments

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