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SMITH v. BABBITT

No. CIV. 98-1302(JRT/RLE).

96 F.Supp.2d 907 (2000)

Patrick Theodore SMITH; Nancy Lee Smith Hart; Barbara Ann Smith; and Doreen Esther Smith, Plaintiffs, v. Bruce BABBITT, U.S. Secretary of Interior; Kevin Gover, Assistant U.S. Secretary for Indian Affairs; and Angela Lagarde, Welsa Project Director, Defendants.

United States District Court, D. Minnesota.

May 11, 2000.

Attorney(s) appearing for the Case

Paul G. Thibeault, Anishinabe Legal Services, Cass Lake, MN, for plaintiffs.

Friedrich A.P. Siekert, Assistant United States Attorney, Office of the United States Attorney, Minnepaolis, MN, for defendants.

MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

TUNHEIM, District Judge.

Plaintiffs filed this action in order to challenge the final administrative decision of the Interior Board of Indian Appeals ("IBIA"), an adjudicative body within the United States Department of the Interior ("DOI"), regarding an heirship determination under the White Earth Reservation Land Settlement Act of 1985 ("WELSA"),

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