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LEECH LAKE BAND OF CHIPPEWA INDIANS v. HERBST

Nos. 3-69 Civ-65, 3-70 Civ-228.

334 F.Supp. 1001 (1971)

LEECH LAKE BAND OF CHIPPEWA INDIANS et al., Plaintiffs, v. Robert L. HERBST, Commissioner of Natural Resources of the State of Minnesota, Defendant. UNITED STATES of America, Plaintiff, v. STATE OF MINNESOTA, Defendant.

United States District Court, D. Minnesota, Third Division.

December 10, 1971.

Attorney(s) appearing for the Case

Bernard P. Becker, Minneapolis, Minn., Kent P. Tupper, Walker, Minn., for plaintiff, Leech Lake Band of Chippewa Indians, et al.

Robert G. Renner, U. S. Atty., Minneapolis, Minn., for plaintiff, United States of America.

Warren Spannaus, Atty. Gen., Morris M. Sherman, and Eldon G. Kaul, Sp. Asst. Attys. Gen., St. Paul, Minn., for defendant, State of Minnesota.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The basic issue in these two jointly tried Declaratory Judgment actions is whether plaintiff, Chippewa Indians, may fish, hunt and harvest wild rice on the public lands and waters of the Leech Lake Indian Reservation without complying with Minnesota game and fish laws.

Plaintiffs base their claim that the Indians are not amenable to such Minnesota laws on three...

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