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LAC COURTE OREILLES BAND OF INDIANS v. WISCONSIN

No. 74-C-313-C.

668 F.Supp. 1233 (1987)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS; Red Cliff Band of Lake Superior Chippewa Indians; Sokaogon Chippewa Indian Community, Mole Lake Band of Wisconsin; St. Croix Chippewa Indians of Wisconsin; Bad River Band of the Lake Superior Chippewa Indians; Lac Du Flambeau Band of Lake Superior Chippewa Indians, Plaintiffs, v. STATE OF WISCONSIN; Wisconsin Natural Resources Board; Carroll D. Besadny; James Huntoon; and George Meyer, Defendants.

United States District Court, W.D. Wisconsin.

August 21, 1987.

Attorney(s) appearing for the Case

James E. Zorn, Hayward, Wis., James L. Beck, Wisconsin Judicare Inc., Wausau, Wis., for Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Milton Rosenberg, Madison, Wis., for Red Cliff Band of Lake Superior Chippewa Indians.

Earl Charleton, Milwaukee, Wis., for Sokaogon Chippewa Indian Community, Mole Lake Band of Wisconsin.

Howard Bichler, Webster, Wis., for St. Croix Chippewa Indians of Wisconsin.

Candy L. Jackson, Odanah, Wis., for Bad River Band of the Lake Superior Chippewa Indians.

Kathryn Tierney, James Janetta, Lac du Flambeau, Wis., for Lac du Flambeau Band of Lake Superior Chippewa Indians.

Mary V. Bowman, Charles Larson, James McDermott, Asst. Atty. Gens., Madison, Wis., for defendants State of Wis., Wisconsin Natural Resources Bd., Carroll D. Besadny, James Huntoon, and George Meyer.

CRABB, Chief Judge.

This lawsuit, concerning the scope and extent of the plaintiff tribes' usufructuary rights in the territory ceded by the Chippewa treaties of 1837 and 1842, is now in the "regulatory phase" of the litigation. Prefatory to the regulatory phase trial scheduled for the spring of 1988, I have requested the parties to brief the issue of what legal standards this court should apply in determining the permissible bounds of state regulation of the tribes...

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