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CROW TRIBE OF INDIANS v. REPSIS

No. 21-8050.

74 F.4th 1208 (2023)

The CROW TRIBE OF INDIANS, Plaintiff-Appellant, and Thomas L. Ten Bear, Plaintiff, v. Chuck REPSIS, individually; Brian Nesvik, individually, and as Director of the Wyoming Game and Fish Department, and as Director of the Wyoming Game and Fish Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 24, 2023.

Attorney(s) appearing for the Case

Daniel D. Lewerenz , Native American Rights Fund, Washington, D.C. ( Wesley J. Furlong , Native American Rights Fund, Anchorage, Alaska, with him on the briefs), for Plaintiff-Appellant.

James Kaste , Deputy Attorney General ( Jenny Staeben , Senior Assistant Attorney General, with him on the brief), Office of the Wyoming Attorney General, Cheyenne, Wyoming, for Defendants-Appellees.

Before HOLMES, Chief Judge, BRISCOE, and MORITZ, Circuit Judges.

This appeal presents the latest phase in a long-running dispute between the Crow Tribe of Indians (the "Tribe") and the State of Wyoming ("Wyoming") over the Tribe's treaty hunting rights. In 1992, the Tribe brought a declaratory action against Wyoming Game and Fish officials to determine whether the 1868 Treaty with the Crows...

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