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FOND DU LAC BAND OF CHIPPEWA INDIANS v. CARLSON

No. 94-3709.

68 F.3d 253 (1995)

FOND DU LAC BAND OF CHIPPEWA INDIANS; Robert Peacock; Peter Defoe; Clifton Rabideaux; Herman Wise; George Dupuis, Plaintiffs-Appellees, v. Arne CARLSON, Governor of Minnesota; Rodney Sando, Commissioner of the Minnesota Department of Natural Resources; Raymond B. Hitchcock, Assistant Commissioner of Operations, Minnesota Department of Natural Resources, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 18, 1995.

Attorney(s) appearing for the Case

Scott Ray Strand, Assistant Attorney General, argued, St. Paul, MN (William A. Szotkowski, Jerilyn K. Aune and Peter L. Tester, on the brief, St. Paul, MN), for appellants.

Douglas Endreson, argued, Washington, DC (Henry M. Buffalo, Jr., Minneapolis, MN, William R. Perry and Anne D. Noto, Washington, DC, and Dennis J. Peterson, Cloquet, MN, on the brief), for appellees.

Before McMILLIAN, LAY, and LOKEN, Circuit Judges.

LAY, Circuit Judge.

The Fond du Lac Band of Chippewa Indians and five individual members of the Band filed suit under 42 U.S.C. § 1983 seeking injunctive relief against Minnesota state officials as to the prospective enforcement of Minnesota's fish and game laws. The Band claims that the fish and game laws, as applied to members of the Band, are preempted by treaty rights arising from 1837 and 1854 treaties between the...

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