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LAC COURTE OREILLES BAND OF INDIANS v. WISCONSIN

No. 74-C-313-C.

758 F.Supp. 1262 (1991)

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, and Ashland County, Burnett County, Florence County, Langlade County, Lincoln County, Marinette County, Washburn County, and the Wisconsin County Forests Association, Inc., Intervening Defendants.

United States District Court, W.D. Wisconsin.

February 21, 1991.

Attorney(s) appearing for the Case

Tracey Schwalbe, Atty., Hayward, Wis., for Lac Courte Oreilles.

Howard Bichler, St. Croix Tribal Council, Hertel, Wis., for St. Croix Chippewa Indians.

Joseph L. Young, Tribal Atty., Lac Du Flambeau Band, Lac Du Flambeau, Wis., for Lac Du Flambeau Band.

Earl Charlton, Milwaukee, for Mole Lake Band.

Milton Rosenberg, Madison, Wis., for Red Cliff Band.

David J. Siegler, Atty., Odanah, Wis., for Bad River Band.

James L. Beck, Wisconsin Judiciare Inc., Wausau, Wis., for Wisconsin Judicare Inc.

P. Scott Hassett, Atty., Madison, Wis., for Amicus Plaintiff.

Thomas L. Dosch and Philip Peterson, Asst. Attys. Gen., Madison, Wis., for State of Wis.

OPINION AND ORDER

CRABB, Chief Judge.

This seventeen year old Chippewa treaty rights case is before the court following a lengthy court trial on the extent to which the state and counties can regulate Indian harvesting of commercial timber. The regulation of timber harvesting has turned out to be the last subphase of the last phase of the litigation. Originally, three phases were contemplated. The first phase, the declaratory phase, would determine the activities...

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