CROW TRIBE OF INDIANS v. REPSIS

No. 94-8097.

73 F.3d 982 (1995)

CROW TRIBE OF INDIANS, Plaintiff-Appellant, and Thomas L. Ten Bear, Plaintiff, v. Chuck REPSIS, individually; Francis Petera, individually, Defendants-Appellees, Shoshone-Bannock Tribes, Northern Arapahoe Tribe, Northern Cheyenne Tribe, the Oglala Sioux Tribe, Eastern Shoshone Tribe of the Wind River Reservation, State of Montana, State of Colorado, State of Idaho, State of South Dakota, State of Utah, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 26, 1995.


Attorney(s) appearing for the Case

Ronald P. Arnold, Senior Attorney General (William U. Hill, Attorney General, Mary B. Guthrie, Deputy Attorney General, Kristi T. Sansonetti, Special Assistant Attorney General, with him on the brief), Cheyenne, Wyoming, for defendants-appellees.

Dale T. White of Fredericks, Pelcyger, Hester & White, Boulder, Colorado (Bruce P. Badley of Badley & Rasmussen, P.C., Sheridan, Wyoming, with him on the brief), for appellant.

Jeanette Wolfley, Attorneys Office, Fort Hall, Idaho, on the brief for Amicus Curiae Shoshone-Bannock Tribes.

Joseph P. Mazurek, Attorney General, State of Montana (Clay R. Smith, Solicitor), Helena, Montana; Gale A. Norton, Attorney General, State of Colorado, Denver, Colorado; Alan G. Lance, Attorney General, State of Idaho, Boise, Idaho; Mark Barnett, Attorney General, State of South Dakota, Pierre, South Dakota; Jan Graham, Attorney General, State of Utah, Salt Lake City, Utah, on the brief for Amici Curiae States of Montana, Colorado, Idaho, South Dakota and Utah.

Marvin G. Amiotte, Pine Ridge, South Dakota, on the brief for Amicus Curiae Oglala Sioux Tribe; L. Robert Murray, Office of Tribal Attorneys, Wind River Reservation, Ft. Washakie, Wyoming, on the brief for Amicus Curiae Eastern Shoshone Tribe; Marc D. Slonim of Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, on the brief for Amicus Curiae Northern Cheyenne Tribe and Northern Arapaho Tribe.

Before KELLY and BARRETT, Circuit Judges, and O'CONNOR, Senior District Judge.


BARRETT, Senior Circuit Judge.

The Crow Indian Tribe and Thomas L. Ten Bear (collectively referred to as "the Tribe") appeal the district court's order of October 25, 1994, Crow Tribe of Indians v. Repsis, 866 F.Supp. 520 (D.Wyo.1994), dismissing the Tribe's complaint for a declaratory judgment and injunctive relief based on alleged violations of its rights under the Treaty with the Crows, 1868, and the Unlawful Inclosures...

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