Red Lake Band of Chippewa Indians v. State of Minnesota, 614 F.2d 1161 (8th Cir. 1980). · Go Syfert
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Red Lake Band of Chippewa Indians v. State of Minnesota, 614 F.2d 1161 (8th Cir. 1980). Cases Citing This Book View Copy Cite
42 citation events (3 in the last 25 years) across 14 distinct courts.
Strongest positive: Lower Brule Sioux Tribe v. Southn Dakota (sdd, 1982-04-30)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 2 distinct citers.
discussed Cited "see" Lower Brule Sioux Tribe v. Southn Dakota
D.S.D. · 1982 · signal: see · confidence high
See, Red Lake Bank of Chippewa Indians v. Minnesota, 614 F.2d 1161 (8th Cir. 1980), cert. denied, 449 U.S. 905 , 101 S.Ct. 279 , 66 L.Ed.2d 136 (1980); State v. Hero, supra. Thus, it may be that this language on the face of the acts constitutes sufficient indicia of congressional intent to extinguish treaty hunting and fishing rights of the Tribe within the taken area.
discussed Cited "see" Ute Indian Tribe v. State of Utah
D. Utah · 1981 · signal: see · confidence high
See United States v. Minnesota, 466 F.Supp. 1382 , 1385 (D.Minn.1979), affirmed, Red Lake Band of Chippewa Indians v. State of Minnesota, 614 F.2d 1161 (8th Cir. 1980) (per curiam), cert. denied, 450 U.S. 905 , 101 S.Ct. 279 , 66 L.Ed.2d 136 ; Mescalero Apache Tribe v. State of New Mexico, 630 F.2d 724 (10th Cir. 1980), vacated, 450 U.S. 1036 , 101 S.Ct. 1752 , 68 L.Ed.2d 234 ; F. Cohen, Handbook of Federal Indian Law 285 — 286 (1942); “Jurisdiction — Hunting and Fishing on the Wind River Reservation,” M-31480 (Feb. 12, 1943), II Opinions of the Solicitor of the Department of the Inter…
RED LAKE BAND OF CHIPPEWA INDIANS, Appellant,
v.
STATE OF MINNESOTA Et Al., Appellees
79-1420.
Court of Appeals for the Eighth Circuit.
Jan 31, 1980.
614 F.2d 1161
Rodney J. Edwards, Edwards, Edwards & Bodin, Duluth, Minn., for appellant., James M. Schoessler, Sp. Asst. Atty. Gen., Dept, of Natural Resources, St. Paul, Minn., for appellee; Warren R. Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., St. Paul, Minn., on brief., Tom Tobin, Tobin Law Offices, Winner, S. D., for intervenors.-appellees; Aurel L. Ekvall, Clearwater County Atty., Bagley, Minn., William W. Shakely and David Albert Mustone, Washington, D. C., on brief.
Ross, Henley, Porter.
Cited by 25 opinions  |  Published
PER CURIAM.

The Red Lake Band of Chippewa Indians appeals from the decision of the district court [1] in which its claims of hunting, fishing, trapping, and wild rice gathering rights in approximately 2.6 million acres of land in the state of Minnesota were denied.

This dispute arises out of the circumstances surrounding the Band’s cession of two parcels of land to the federal government in 1889 and 1904, [2] and specifically whether any of the above-mentioned rights in the land were retained. Since the time the land was ceded to the government, the state of Minnesota has exercised full jurisdiction over Indians in the territory, including the regular enforcement of state gaming laws against members of the Red Lake Band. The Band seeks now to free its members of the state’s control, by contending that its grant of rights, title and interest in the land to the United States did not include hunting, fishing, trapping and wild rice gathering rights. We disagree.

We have reviewed the applicable case law, the briefs of the parties and the record before us on appeal. We agree with the district court’s conclusion that the Red Lake Band gave up its rights to hunt, fish, trap and gather wild rice free of the state’s regulation of such activities. We would like also to point out that our disposition of this case in no way conflicts with our recent decision in United States v. Dupris, 612 F.2d 319 (8th Cir., 1979), wherein we found no clear congressional intent to diminish the boundaries of the reservation there in question. In the present appeal, the boundaries of the reservation were clearly diminished. The Band claims, however, that even so, its rights to fish and hunt pursuant to prior treaties were not abrogated. Again, we disagree and we affirm on the basis of the trial court’s well reasoned decision of March 28, 1979.

1

. The United States District Court for the District of Minnesota, the Honorable Edward J. Devitt, Chief Judge.

2

. Pursuant to the Nelson Act of January 14, 1889, 25 Stat. 642, and the Act of February 20, 1904, 33 Stat. 46, the Band ceded to the United States “all our right, title, and interest in and to all” of the land here in question.