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YOUPEE v. BABBITT

No. CV-93-21-BLG-JDS.

857 F.Supp. 760 (1994)

Marvin K. YOUPEE, Sr., Cary G. Youpee, Darlan D. Youpee, Allen F. Youpee, Helen Youpee-Ricker, and Williamette Y. Bussard, Plaintiffs, v. Bruce BABBITT, Secretary, Department of Interior, and his Agents, Assigns, and Successors in Office, Defendant.

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

March 3, 1994.

MEMORANDUM AND ORDER

SHANSTROM, District Judge.

Plaintiffs, enrolled members of the Fort Peck Tribes, have filed this action seeking declaratory and injunctive relief. Specifically, plaintiffs seek a declaration that section 207 of the Indian Land Consolidation Act, 25 U.S.C. §§ 2201-2210 (hereafter ILCA), violates the Fifth Amendment in authorizing a taking of real property without...

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