Creator:

Tom Lynaugh

 

Extent:

2 Linear Feet

 

Dates:

1974-1981

 

Collection Summary:

The Tom Lynaugh Collection primarily details legal issues surrounding the United States vs. Montana in the federal district court in Billings, Montana. The documents include legal briefs and correspondence throughout the district court deliberations. The collection also includes a small number of folders related to general tribal administration. The collection is divided onto two series:

1.       Legal and Trial Records

2.       Correspondence With the Crow Tribe

 

Languages:

English

 

Processing Archivist:

Jon Ille

 

Collection Description:

The Tom Lynaugh Collection details court records and correspondence during United States vs. Montana, which ultimately led to the state of Montana controlling the riverbed of the Big Horn River. Lynaugh worked as the lead attorney for the Crow Tribe who were co-plaintiffs with the United States. The collection shows the diverse interests in play over control of the Big Horn River. The United States in its trust role worked with the Crows, while local non-indigenous actors such as the Big Horn Rod & Gun Club and the Citizens Right Organization allied with the State of Montana out of economic reasons or anti tribal sovereignty motives. The collection includes court filings only from the district court lawsuit and not from the ninth circuit or Supreme Court

 

Biographical Information:

Tom Lynaugh served as the lead Crow attorney during the litigation of United States vs. Montana. He earned his bachelor’s degree from Manhattan College in 1965 and his law degree from Boston College in 1969. He passed the Montana bar in 1971 and started working for the Crow Tribe on legal matters in 1974. He argued on behalf of the tribe in United States vs. Montana in front of Judge James Battin from 1977 to 1978 at the Montana District Court in Billings, Montana.

After working with the Crow Nation, Lynaugh continued to practice law in wide range of specialties. Lynaugh is currently retired.

 

Administrative History:

The collection was created during the donor’s tenure working with the Crow Tribe and resided with Tom Lynaugh in his law office prior to transfer to the Little Big Horn College Library and Archives on May 25, 1989.

 

Arrangement Description:

The collection is arranged following original order and includes two series based on legal and trial records and correspondence with the Crow Tribe.

Series One:

Box 1:

Folder 1- Correspondence with Crow Tribe on Land Loss

Folder 2- Correspondence with Crow Tribe on Coal and Energy

Folder 3- Correspondence with the Crow Tribe on Economic Development

Folder 4- Correspondence with the Crow Tribe on Tribal Operations, 1979

Folder 5- Robert Yellowtail, “Know Before You Talk

Folder 6- William Laroque and Belva Laroque vs. State of Montana, 1978

Folder 7- Confederated Salish and Kootenai Tribes vs. City of Polson, 1979

Folder 8- Correspondence with Pat Stands, Forest Horn, and Donald Stewart, 1977-1979

Folder 9- Montana vs. United States, 1981 (Supreme Court), 1

Folder 10- Montana vs. United States, 1981 (Supreme Court), 2

Folder 11- Documents and Reports Related to Hunting and Fishing on Tribal Lands

Folder 12- Index of Exhibits and Motions

Folder 13- Handwritten Notes on United States of America vs. Montana

Folders fourteen through eighty include exhibits and motions about United States of America vs. State of Montana from district court.

Folder 14- Complaint to Quiet Title and for Declaratory and Injunctive Relief

Folder 15- Plaintiff’s Motion for Preliminary Injunction

Folder 16- Plaintiff’s Motion in Support of Motion for a Preliminary Injunction

Folder 17- Relief Sought for Preliminary Injunction

Folder 18- Crow Tribe Right to Be a Plaintiff, 1975

Folder 19- Motion of Crow Tribe to Intervene

Folder 20- The Crow Tribe of Indians Is Entitled to Intervene in This Action As of Right

Folder 21- Affidavit of George Takes The Gun

Folder 22- Removal of Prayer of Relief for Temporary Relief

Folder 23- The Crow Tribe’s Motion to Intervene as Plaintiff Is Granted

Folder 24- Crow Tribe Withdraws Its Motion for Preliminary Injunction

Folder 25- Memorandum on Crow Control of Fishing and Hunting on Reservation

Folder 26- Defendants’ Answer to Intervenor’s Complaint

Folder 27- Complaint of Intervenor- Plaintiff Crow Tribe of Indians for Declaratory Judgment and Preliminary Injunction

Folder 28- Defendants’ Complaint of the United States of America and Cross-Claims

Folder 29- Order Granting Intervention

Folder 30- Stipulation to Allow Parties to Intervene As Defendants

Folder 31- New Scheduling for Hearing December 5, 1975

Folder 32- Cerificate of Organization, Citizens Rights Organization, 1976

Folder 33- Cross Complaint of Big Horn Rod & Gun Club

Folder 34- Big Horn Rod & Gun Club Answers to Complaint of the United States of America and Crow Tribe

Folder 35- Citizens Rights Organization Answers and Cross Claims

Folder 36- Plaintiffs’ Answer to Defendants Counterclaims

Box 2:  

Folder 37- Brief in Support for Summary Judgment

Folder 38- Interrogatories

Folder 39- Conclusion of Discovery

Folder 40- Correspondence with Wilkinson, Cragun, and Baler Law Offices, 1977

Folder 41- Extension for Motion of Summary Judgment

Folder 42- Motion for Extension

Folder 43- Appeal from the United States District Court for the District of Montana

Folder 44- Notice, Defendants First Combined Interrogatories, 1977

Folder 45- Defendants First Combined Interrogatories

Folder 46- Certificate of Service

Folder 47- Certificate of Service, 2

Folder 48- Memorandum From Field Solicitor to BIA Area Director

Folder49- Order of the District Court

Folder 50- Judgment, People of the State of California v. Quechan Tribe

Folder 51- Memorandum and Order, Eastern Band of Cherokee Indians vs. State of North Carolina

Folder 52- Order and Opinion, People of California v. Quechan Tribe

Folder 53- United States of America vs. State of Montana, Motion for Extension

Folder 54- United States of America vs. State of Montana, Order

Folder 55- United States of America vs. State of Montana, Motion for Extension of Time

Folder 56- United States of America vs. State of Montana, Order

Folder 57- The Confederated Salish and Kootenai Tribe vs. City of Polson

Folder 58- Confederated Tribes of the Colville Nation vs. State of Washington, Memorandum and Order

Folder 59- The United States of America vs. The State of Montana, Answers to Interrogatories

Folder 60- The United States of America vs. The State of Montana, Motion for Summary Judgment

Folder 61- The United States of America vs. The State of Montana, Brief in Support of Summary Judgment

Folder 62- Reply of Plaintiff and Crow Tribe to the Court of Claims of Defendant

Folder 63- Reply of Crow Tribe to Counter Claims of the State of Montana

Folder 64- Reply of Crow Indians to the Big Horn Rod & Gun Club

Folder 65- The United States of America vs. The State of Montana, Motion for Extension of Time

Folder 66- The United States of America vs. The State of Montana, Brief in Support of Motion for Protective Order

Folder 67- Plaintiffs’ Motion for Summary Judgment

Folder 68- United States Response to Defendants’ First Combined Interrogatories

Folder 69- The United States vs. The State of Montana, Supplement to Request for Documents

Folder 70- The United States of America vs. The State of Montana, Supplement to Request for Documents

Folder 71- Revised Answers to Defendants’ Interrogatives

Folder 72- Entry of Additional Attorney for Defendants and Cross Complaints

Folder 73- Entry of Additional Attorney for Defendants

Folder 74- The United States of America vs. The State of Montana, Order

Folder 75- Notes Related to United States of America vs. The State of Montana

Box 3:

Folder 76- Response to Department of Fish & Game to Exhibits of Plaintiff Crow Tribe

Folder 77-   Brief in Reply to Department of Fish & Game to Exhibits of Plaintiff Crow Tribe

Folder 78- Reply to Brief to Department to Require the Crow Tribe of Indians to File Proper Responses to Interrogatories

Folder 79- Motion for Extension of Time, August 19, 1978

Folder 80- Answers to Interrogatories and Responses to Request for Documents

Folder 81- Notice of Hearing, September 15, 1978

Folder 82- Court Order of One Year Extension

Folder 83- Big Horn Rod & Gun Club, Answers to Interrogatories and Responses to Request for Documents

Folder 84- Citizens Rights Organization Answers to Interrogatories

Folder 85- Progress Report on Discovery Filed on Behalf of the State of Montana

Folder 86- Order from Judge James Battin, January 11, 1978

Folder 87- Combined Supplementary Interrogatories Requests for Admissions and Requests for Production of Documents

Folder 88- Memorandum and Points of Authorities to Compel Further Answers

Folder 89- Notice of Hearing, January 17, 1978

Folder 90- Redesignation of Counsel for Crow Tribe of Indians

Folder 91- United States Response to Defendants’ First Combined Interrogatories and Request for Production

Folder 92- Memorandum in Opposition to Motion to Compel Answers to Interrogatories and Produce Documents

Folder 93- Reply to Motion to Compel by the Defendants

Folder 94- Order Granting Extension of Time

Folder 95- Motion for Additional Time Within Which to File Defendants’ Supplementary Briefs

Folder 96- Motion for Extension of Time

Folder 97- Objections to Combined Supplementary Interrogatories

Folder 98- Supplemental Brief, Motion of Discovery

Folder 99- Objections to United States Combined Supplemental Interrogatories

Folder 100- Motion to Strike Affirmative Defenses and to Dismiss Counter-Claims Made by the State of Montana

Folder 101- Motion for Extension of Time

Folder 102- Conditional Motion to Amend

Folder 103- Memorandum to the United States in Support of Motion

Folder 104- Memorandum in Opposition to a Conditional Motion Filed by the State of Montana

Folder 105- Memorandum in Opposition to Conditional Motion to Amend by the State of Montana by the State of Montana

Folder 106- Memorandum and Order

Folder 107- Answers to United States to Combined Supplementary Interrogatories

Folder 108- Notice of Witnesses

Folder 109- Subpoenas to Testify

Folder 110- Supplementary Answers to the United States Combined Supplementary Interrogatories

Folder 111- Notice of Taking Depositions

Folder 112- Purchase of Indian Land, Allotment of Muskrat

Folder 113- Pretrial Order

Folder 114- Allotment Site Descriptions, Crow Reservation

Folder 115- Motion to Amend Intervenor- Plaintiff Crow Tribe of Indians Complaint for Declaratory Judgment

Folder 116- Motion to Amend Complaint

Folder 117- Crow Tribe’s Objection to State of Montana’s Objection

Folder 118- Objections of the United States to Exhibits Submitted by the State of Montana

Folder 119- Defendants Objections to Exhibits Submitted by the Crow Tribe

Folder 120- Defendants Addendum to Pre-Trial Order

Folder 121- Trial Brief

Folder 122- Court Order

Folder 123- Court Order

Folder 124- Objection to Defendant Department of Fish & Game to Exhibits of Plaintiff Crow Tribe

Folder 125- Response of the United States to Department of Fish & Game Objection to Exhibits

Folder 126- Order

Folder 127- Pretrial Order

 

Series Two:

Box 4:

Folder 1- Correspondence, Crow Tribe, 1974, 1

Folder 2- Correspondence, Crow Tribe, 1974, 2

Folder 3- Correspondence, Crow Tribe, 1975

Folder 4- Correspondence, Crow Tribe, 1976

Folder 5- Correspondence, Crow Tribe, 1977, 1

Folder 6- Correspondence, Crow Tribe 1977, 2

Folder 7- Correspondence, Crow Tribe, 1977, 3

Folder 8- Correspondence, Crow Tribe, 1977, 4

Folder 9- Correspondence, Crow Tribe, 1978, 1

Box 5:

Folder 10- Correspondence Crow Tribe, 1978, 2

Folder 11- Correspondence, Crow Tribe, 1978, 3

Folder 12- Correspondence, Crow Tribe, 1978, 4

Folder 13- Correspondence, Crow Tribe, 1978, 5

Folder 14- Correspondence, Crow Tribe, 1979, 1

Folder 15- Correspondence, Crow Tribe, 1979, 2

Folder 16- Correspondence, Crow Tribe, 1979, 3

Folder 17- Correspondence, Crow Tribe, 1980