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KEWEENAW BAY INDIAN COMMUNITY v. STATE

No. 93-1118.

11 F.3d 1341 (1993)

KEWEENAW BAY INDIAN COMMUNITY, Plaintiff-Appellant, v. STATE of Michigan, the Michigan Natural Resources Commission; Department of Natural Resources; Thomas Newago; Alan Newago; Mike Peterson; Cecil Peterson; Gilmore Peterson; Duane Peterson; Earl Livingston; Jack Pero; Director, Michigan Department of Natural Resources, Defendants-Appellees, Donald Moore, Sr., Chairperson of the Bad River Band of Lake Superior Chippewa Indians; Patricia DePerry, Chairperson of the Red Cliff Band of Lake Superior Chippewa Indians, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided December 14, 1993.

Attorney(s) appearing for the Case

Joseph P. O'Leary (argued and briefed), Baraga, MI, for plaintiff-appellant.

Thomas J. Emery, Kevin T. Smith, Asst. Atty. Gen., Office of the Atty. Gen., Natural Resources Div., Lansing, MI, for State of Mich., Natural Resources Com'n, Department of Natural Resources and Director, Michigan Dept. of Natural Resources.

James M. Jannetta (argued and briefed), Sault Ste. Marie, MI, for Thomas Newago, Alan Newago and Jack Pero.

Frances L. Wells (briefed), Missoula, MT, for Mike Peterson, Cecil Peterson, Gilmore Peterson, Duane Peterson and Earl Livingston.

Before: MARTIN and SUHRHEINRICH, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Keweenaw Bay Indian Community appeals the district court's dismissal of its complaint for failure to join an indispensable party in this action to enforce fishing rights pursuant to an 1842 treaty. 152 F.R.D. 562. We affirm.

I

Keweenaw Bay Indian Community, a band of Chippewa Indians in Michigan, initiated this action "to protect and preserve the lake trout fishery resource in the Michigan waters of Lake Superior...

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