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UNITED STATES v. STATE OF MINN.

Civ. No. 6-76-465.

466 F.Supp. 1382 (1979)

UNITED STATES of America, Plaintiff, v. STATE OF MINNESOTA, Defendant, and Counties of Roseau, Pennington, Marshall, Red Lake, Polk, Clearwater, Beltrami, Lake of the Woods and Koochiching, Intervening Defendants.

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

March 28, 1979.

Attorney(s) appearing for the Case

Andrew W. Danielson, U. S. Atty., Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., for plaintiff.

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., and James M. Schoessler, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendant.

Tom D. Tobin, Winner, S. D., and David A. Mustone, Tobin & Covey, Washington, D. C., for intervening defendants.

Rodney J. Edwards, Edwards, Edwards & Bodin, Duluth, Minn., amici curiae for Red Lake Band.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

Introduction

The Red Lake Band of Minnesota Chippewa Indians, represented by the United States government, seeks a declaratory judgment that its members retain hunting, fishing, trapping, and wild ricing rights in an area the Band ceded to the federal government in 1889 and 1904. That area encompasses about 2.6 million acres in northwestern Minnesota adjacent to the present diminished Red Lake Reservation...

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