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IRON CROW v. OGLALA SIOUX TRIBE OF PINE RIDGE RES.

No. 15387.

231 F.2d 89 (1956)

Thomas IRON CROW, Marie Little Finger and David Black Cat, Appellants, v. The OGLALA SIOUX TRIBE OF the PINE RIDGE RESERVATION, SOUTH DAKOTA; Moses Two Bulls, President, and Charles Little Hawk, Secretary, of the Oglala Sioux Tribal Council of the Pine Ridge Indian Reservation, South Dakota, East Section; Peter Mesteth as Judge of the Oglala Sioux Tribal Court, Appellees.

United States Court of Appeals Eighth Circuit.

March 6, 1956.

Attorney(s) appearing for the Case

John C. Farrar, Rapid City, S. D., for appellants.

Richard Schifter (Arthur Lazarus, Jr., Washington, D. C., H. R. Hanley, Rapid City, S. D., Strasser, Spiegelberg, Fried & Frank, Washington, D. C., and Hanley & Costello, Rapid City, S. D., were with him on the brief), for appellees.

Fred W. Smith, Atty., Dept. of Justice, Washington, D. C., appeared for United States.

Rufus G. Poole, Washington, D. C., and Charles L. Black, Jr., New York City, Association on American Indian Affairs, Inc., filed brief amicus curiae.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

Inasmuch as the appellants' "statement of the case" is completely concurred in by the appellees, this court will adopt it as follows:

Marie Little Finger and David Black Cat, two of the plaintiffs herein, were tried and convicted in the Oglala Sioux Tribal Court of the crime of adultery under the provisions of § 61 of the Revised Code of the Oglala Sioux Tribe. Jurisdiction was exercised under §§ 1 and 1.2 of said Code...

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