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MINNESOTA v. UNITED STATES

No. 73.

305 U.S. 382 (1939)

59 S.Ct. 292

83 L.Ed. 235

MINNESOTA v. UNITED STATES.

Supreme Court of United States.

Decided January 3, 1939.

Attorney(s) appearing for the Case

Mr. Ordner T. Bundlie, Assistant Attorney General of Minnesota, with whom Mr. William S. Ervin, Attorney General, was on the brief, for petitioner. Mr. Bert McMullen entered an appearance for petitioner.

Mr. Mac Asbill, with whom Solicitor General Jackson, Assistant Attorney General McFarland, and Mr. Oscar Provost were on the brief, for the United States.

By leave of Court, Mr. John H. Hougen filed a brief, as amicus curiae, on behalf of the Minnesota Chippewa Tribe of Indians et al., in support of petitioner.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Minnesota brought in a court of the State this proceeding to take by condemnation pursuant to its laws a right of way for a highway over nine allotted parcels of land which form parts of the Grand Portage Indian Reservation, granted for the Band of Chippewa Indians of Lake Superior by Treaty of September 30, 1854 (10 Stat. 1109) and the Act of Congress, January 14, 1889, c. 24, 25 Stat. 642. The parcels had...

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