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LAC COURTE OREILLES BAND OF INDIANS v. STATE

No. 74-C-313-C.

707 F.Supp. 1034 (1989)

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 Resource Board, Carroll D. Besadny, James Huntoon, and George Meyer, Defendants.

United States District Court, W.D. Wisconsin.

As Amended April 28, 1989.

Attorney(s) appearing for the Case

Tracey Schwalbe, 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.

Deborah Krusche Bruck, 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 Bowman, Stephen J. Nicks, Asst. Atty. Gen., Madison, Wis., for defendants State of Wis., Wisconsin Natural Resources Bd., Carroll D. Besadny, James Huntoon, and George Meyer.

OPINION AND ORDER

CRABB, Chief Judge.

This is a civil action in which plaintiffs seek definition of their treaty-based, off-reservation usufructuary rights to hunt, fish, and gather, and to enjoin defendants from interfering with the exercise of those rights. The plaintiffs are political successors in interest to the bands of the Lake Superior Chippewa who were parties to the treaties of 1837 and 1842. They are recognized by the Secretary of the Interior...

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