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UNITED STATES v. KARLEN

Civ. No. 78-3044.

476 F.Supp. 306 (1979)

UNITED STATES of America, Plaintiff, v. Merrill KARLEN, Defendant.

United States District Court, D. South Dakota, C. D.

September 12, 1979.

Attorney(s) appearing for the Case

John Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., Tom W. Echohawk, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D. C., for U.S.A.

Wally Eklund, Johnson, Johnson & Eklund, Gregory, S. D., for Karlen.

MEMORANDUM OPINION ON GOVERNMENT'S MOTION TO DISMISS COUNTERCLAIM

DONALD J. PORTER, District Judge.

CASE SUMMARY

On March 16, 1979, the United States filed a five-count civil complaint against the defendant, Merrill Karlen. In the first three counts, the United States, in its own capacity and as trustee for the Lower Brule Sioux Indian Tribe and certain individual owners, sought damages from the defendant for breach of a lease agreement entered...

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