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MILLE LACS BAND OF CHIPPEWA INDIANS v. STATE OF MINN.

Nos. 94-3566, 94-3618 and 94-3943.

48 F.3d 373 (1995)

MILLE LACS BAND OF CHIPPEWA INDIANS; Arthur Gahbow; Walter Sutton; Carleen Benjamin; Joseph Dunkley, Plaintiffs-Appellees, v. STATE OF MINNESOTA; Minnesota Department of Natural Resources; Joseph Alexander, Commissioner of Natural Resources, Defendants, County of Aitkin; County of Benton; County of Sherburne; County of Crow Wing; County of Isanti; County of Kanabec; County of Mille Lacs; County of Morrison; County of Pine, Intervenors-Appellants, John W. Thompson; Jenny Thompson; Joseph N. Karpen; Leroy Burling; Glenn E. Thompson; Gary Kiedrowski, Intervenors-Defendants. MILLE LACS BAND OF CHIPPEWA INDIANS; Arthur Gahbow; Walter Sutton; Carleen Benjamin; Joseph Dunkley, Plaintiffs-Appellees, United States of America, Intervenor-Plaintiff-Appellee, v. STATE OF MINNESOTA; Minnesota Department of Natural Resources; Joseph Alexander, Commissioner of Natural Resources, Defendants-Appellants, County of Aitkin; County of Benton; County of Sherburne; County of Crow Wing; County of Isanti; County of Kanabec; County of Mille Lacs; County of Morrison; County of Pine, Intervenors, John W. Thompson; Jenny Thompson; Joseph N. Karpen; Leroy Burling; Glenn E. Thompson; Gary Kiedrowski, Intervenors-Defendants. MILLE LACS BAND OF CHIPPEWA INDIANS; Arthur Gahbow; Walter Sutton; Carleen Benjamin; Joseph Dunkley, Plaintiffs-Appellees, United States of America, Intervenor-Plaintiff-Appellee, v. STATE OF MINNESOTA; Minnesota Department of Natural Resources; Joseph Alexander, Commissioner of Natural Resources, Defendants, County of Aitkin; County of Benton; County of Sherburne; County of Crow Wing; County of Isanti; County of Kanabec; County of Mille Lacs; County of Morrison; County of Pine, Intervenors-Defendants, John W. Thompson; Jenny Thompson; Joseph N. Karpen; Leroy Burling; Glenn E. Thompson; Gary Kiedrowski, Intervenor-Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1995.

Attorney(s) appearing for the Case

William A. Azotkowski, Asst. U.S. Atty., St. Paul, MN, argued for the State of Minn. in 94-3618, James Johnson of Olympia, WA, argued for counties in 94-3566, and Stephen Froehle of Minneapolis, MN, argued for landowners in 94-3943.

Marc Slonim, Seattle, WA, argued for Mille Lacs Band in 94-3566/3618/3943, and Andrew C. Mergen, Dept. of Justice, of Washington, DC, argued for the U.S. in 94-3618/3943.

Before McMILLIAN, Circuit Judge, LAY, and JOHN R. GIBSON, Senior Circuit Judges.

AMENDED OPINION

LAY, Senior Circuit Judge.

Landowners, a number of Minnesota Counties, and the State of Minnesota have filed notices of appeal from the district court's August 24, 1994 order (the last of the "Phase I" orders). See Mille Lacs Band of Chippewa Indians v. Minnesota, 861 F.Supp. 784 (D.Minn.1994). In addition, the Landowners and Counties have appealed the district court's order entered October 13...

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