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CERMAK v. NORTON

No. CIV.98-1248DSDSRN.

322 F.Supp.2d 1009 (2004)

Stanley F. CERMAK, Sr., and Raymond Cermak, Sr., acting individually and under a power of attorney for Stanley F. Cermak, Sr., Plaintiffs, v. Gale NORTON, Secretary of the United States Department of the Interior, and her Agents, Assigns and Successors in office, and the United States of America, through its Department of the Interior and the Bureau of Indian Affairs, Defendants.

United States District Court, D. Minnesota.

June 22, 2004.

Attorney(s) appearing for the Case

Lawrence H. Crosby, Jay D. Olson, and Crosby and Associates, St. Paul, MN, counsel for plaintiffs.

D. Gerald Wilhelm, Assistant U.S. Attorney, Minneapolis, MN, counsel for defendants.

ORDER

DOTY, District Judge.

This matter is before the court upon defendants' motion to dismiss, or in the alternative, for summary judgment. Also before the court is plaintiff's cross-motion for summary judgment. For the following reasons, defendants' motion for summary judgment is granted and plaintiff's motion is denied.

BACKGROUND

The tortuous history of this case began in 1944, when the U.S. Department of the Interior issued Indian...

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