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STATE OF WIS. v. BAKER

No. 76-C-359.

524 F.Supp. 726 (1981)

STATE OF WISCONSIN, Plaintiff, v. Odric BAKER, individually and as Chairman, Lac Courte Oreilles Tribal Governing Board; Pete Larson, individually and as Vice Chairman, Lac Courte Oreilles Tribal Governing Board; Margaret Diamond, individually and as Secretary-Treasurer, Lac Courte Oreilles Tribal Governing Board; Charles Diamond, individually and as a member, Lac Courte Oreilles Tribal Governing Board; Theresa Williams, individually and as a member, Lac Courte Oreilles Tribal Governing Board; Rick St. Germaine, individually and as a member, Lac Courte Oreilles Tribal Governing Board; and Their Agents, Employees, and Subordinates, Defendants.

United States District Court, W. D. Wisconsin.

October 23, 1981.

Attorney(s) appearing for the Case

John D. Niemisto, Asst. Atty. Gen., State of Wis., Madison, Wis., for plaintiff.

Larry B. Leventhal, Minneapolis, Minn., for defendants.

Gene M. Potack, Wisconsin Judicare, Inc., Wausau, Wis., for intervenor.

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Findings of Fact

1. The Lac Courte Oreilles ("LCO") reservation was authorized by Art. 2 of the Treaty of September 30, 1854 ("1854 treaty"), and was described as "a tract of land, equal in extent to three townships."

2. Other portions of the same treaty defined and authorized reservations for other bands by metes and bounds descriptions.

3. Parties to the 1854 treaty included...

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