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SOUTH DAKOTA v. U.S. DEPT. OF INTERIOR

No. CIV. 00-3026-RHB.

314 F.Supp.2d 935 (2004)

State of SOUTH DAKOTA, City of Oacoma, and Lyman County, Plaintiffs, v. UNITED STATES DEPARTMENT OF the INTERIOR; Aurene Martin, Acting Assistant Secretary-Indian Affairs; Bill Benjamin, Acting Regional Director, Great Plains Regional Office, BIA; and Cleve Her Many Horses, Superintendent, Lower Brule Agency, BIA, Defendants.

United States District Court, D. South Dakota, Central Division.

April 19, 2004.

Attorney(s) appearing for the Case

John Pl. Guhin, Pierre, SD, Paul E. Jensen, Oacoma/Lyman Co., Winner, SD, for Plaintiff.

Cheryl Schrempp Dupris, Pierre, SD, Judith Rabinowitz, Juneau, AK, for Defendant.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

The state of South Dakota, city of Oacoma, and Lyman County ("plaintiffs"), filed suit in this Court seeking declaratory and injunctive relief to prevent the defendants ("Interior") from taking a 91-acre parcel of land ("Oacoma parcel") into trust for the Lower Brule Sioux Tribe ("the Tribe") pursuant to Section 5 of the Indian Reorganization Act of 1934 ("IRA"), 25 U.S.C. § 465. Plaintiffs claim...

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