UNITED STATES of America, Plaintiff-Appellee,
Bay Mills Indian Community; Sault Ste. Marie Tribe of Chippewa Indians; Grand Traverse Band of Ottawa & Chippewa Indians; Little River Band of Ottawa Indians; Little Traverse Bay Band of Odawa Indians, Plaintiffs/Intervenors-Appellees,
v.
State of MICHIGAN, et al., Defendants-Appellees,
Michigan Fisheries Resource Conservation Coalition; Stuart Cheney; Robert Andrus; Walloon Lake Trust and Conservancy, Proposed Defendants-Intervenors-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: April 18, 2005.
Decided and Filed: August 24, 2005.
Attorney(s) appearing for the Case
ARGUED: Stephen O. Schultz, Foster, Swift, Collins & Smith, Lansing, Michigan, for Appellants. Kathryn E. Kovacs, U.S. Department of Justice, Washington, DC, Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, for Appellees. ON BRIEF: Peter R. Albertins, Foster, Swift, Collins & Smith, Lansing, Michigan, for Appellants. Kathryn E. Kovacs, U.S. Department of Justice, Washington, DC, Marc D. Slonim, Brian C. Gruber, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, Kathryn L. Tierney, Bay Mills Indian Community, Brimley, Michigan, Aaron C. Schlehuber, Sault Ste. Marie, Michigan, Bruce R. Greene, Greene, Meyer & McElroy, Boulder, Colorado, John F. Petoskey, Grand Traverse Band of Ottawa & Chippewa Indians, Peshawbestown, Michigan, William Rastetter, Olson, Bzdok & Howard, Traverse City, Michigan, William J. Brooks, Manistee, Michigan, James A. Bransky, Traverse City, Michigan, Allie Greenleaf Maldonado, Harbor Springs, Michigan, Marie Shamraj, Christopher D. Dobyns, Office of the Attorney General of Michigan, Lansaing, Michigan, for Appellees.
Before BOGGS, Chief Judge; RYAN and ROGERS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
RYAN, Circuit Judge.
This appeal is the latest episode in a 32-year-old dispute between the United States and the State of Michigan regarding the interpretation and enforcement of the 1836 Treaty of Washington, 7 Stat. 491. The appellants, Michigan Fisheries Resource Conservation Coalition (MFRCC), Stuart Cheney, Robert Andrus, and the Walloon Lake Trust and Conservancy, comprise a group of proposed intervenors who appeal from the district court...
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