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MIDDLEMIST v. SECRETARY OF U.S. DEPT. OF INTERIOR

No. CV 91-155-M-CCL.

824 F.Supp. 940 (1993)

Ross MIDDLEMIST, Wayne W. Maughan, Flathead Joint Board of Control, Plaintiffs, v. SECRETARY OF the UNITED STATES DEPARTMENT OF INTERIOR, Manuel Lujan, Jr., et al., Defendants.

United States District Court, D. Montana, Missoula Division.

February 12, 1993.

Attorney(s) appearing for the Case

Jon Metropoulos, Browning, Kaleczyc, Berry & Hoven, Helena, MT, for plaintiffs.

John B. Carter, Tribal Legal Dept., Pablo, MT, Vernon Peterson, Portland Area Office, U.S. Dept. of Interior, Portland, OR and James M. Upton, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants.

OPINION AND ORDER

LOVELL, District Judge.

The Joint Board of Control (JBC) and two individuals have filed this action against the officials of the Department of Interior and individual officials of the Confederated Salish and Kootenai Tribes (Tribes) alleging that the Tribes have no authority to exercise regulatory jurisdiction over activities of nonmembers on the Flathead Reservation on "fee" lands. Plaintiffs...

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