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BEAR v. UNITED STATES

Nos. CV 82-0-199, CV 82-0-200, C 82-4052 and C 82-4053.

611 F.Supp. 589 (1985)

Robin Ann BEAR, et al., Plaintiffs, v. The UNITED STATES of America, et al., Defendants. The WINNEBAGO TRIBE OF NEBRASKA, Plaintiff, v. The UNITED STATES of America, Defendant. Robin Ann BEAR, et al., Plaintiffs, v. The UNITED STATES of America, et al., Defendants. The WINNEBAGO TRIBE OF NEBRASKA, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. Nebraska.

June 6, 1985.

Attorney(s) appearing for the Case

Charles L. Smith, Telpner & Smith, Council Bluffs, Iowa, Patrick Kennison, Kutak, Rock & Huie, Omaha, Neb., Dale White, Fredericks & Pelcyger, Boulder, Colo., for plaintiffs.

Paul W. Madgett, Asst. U.S. Atty., Douglas P. Misterek, U.S. Army Corps of Engineers, Aaron Hostyk, Office of Counsel Corps of Engineers, Omaha, Neb., Evan L. Hultman, U.S. Atty., Asher E. Schroeder, Asst. U.S. Atty., Cedar Rapids, Iowa, John P. Sarcone, Asst. Atty. Gen., Des Moines, Iowa, George F. Madsen, F. Joseph Du-Bray, Paul D. Lundberg, Sioux City, Iowa, for defendants.

MEMORANDUM AND ORDER

BEAM, District Judge.

These matters are before the Court upon the defendants' joint motion to reconsider the Court's denial of their motions for summary judgment (filing 38 in CV 82-0-200; filing 49 in C 82-4053; filing 61 in C 82-4052; and filing 62 in CV 82-0-199). A hearing was held on the motion on November 8, 1984. The Court, being fully advised in the premises, now finds that the motion should be sustained, in part.

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