ALLERY v. SWIMMER

Civ. No. A2-88-98.

779 F.Supp. 126 (1991)

Duane ALLERY, et al., Plaintiffs, v. Ross SWIMMER, et al., Defendants.

United States District Court, D. North Dakota, Northeastern Division.

November 5, 1991.


Attorney(s) appearing for the Case

Duane E. Houdek, Legal Assistance of North Dakota, Bismarck, N.D., for plaintiffs.

Dennis D. Fisher, U.S. Attorney's Office, Fargo, N.D., and Cameron W. Hayden, U.S. Attorney's Office, Bismarck, N.D., for defendants.


MEMORANDUM AND ORDER

WEBB, District Judge.

Before this court is plaintiff's motion for summary judgment and defendant's cross motion in the same matter. Plaintiff brings this action, alleging that the defendant does not have the authority to alter the tribal roll established in 1940, pursuant to the Act of 1940, Pub.L. 76-520, 54 Stat. 219. The federal defendants have stipulated to a preliminary injunction. The injunction prohibits the government from taking...

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