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BARTA v. OGLALA SIOUX TRIBE OF PINE RIDGE RESERVATION

Nos. 15967-15971.

259 F.2d 553 (1958)

Albert J. BARTA, John E. Barta and Charles K. Failing, Appellants, v. OGLALA SIOUX TRIBE OF PINE RIDGE RESERVATION OF SOUTH DAKOTA, and James Iron Cloud, Appellees. Claire COOMES and A. R. Davies, Appellants, v. OGLALA SIOUX TRIBE OF PINE RIDGE RESERVATION OF SOUTH DAKOTA, and James Iron Cloud, Appellees. John GLOVER and Merton Glover, Appellants, v. UNITED STATES of America, Appellee. Jack LEWIS and Marvin Spracklin, Appellants, v. UNITED STATES of America, Appellee. Cyrus PORCH and William Porch, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 15, 1958.

Attorney(s) appearing for the Case

John C. Farrar, Rapid City, S. D. (Gunderson, Farrar & Carrell, Rapid City, S. D., on the brief), for appellants.

Richard Schifter, Washington, D. C. (Harold R. Hanley, Rapid City, S. D., Daniel M. Singer, Strasser, Spiegelberg, Fried & Frank, Washington, D. C., and Hanley, Costello & Porter, Rapid City, S. D., on the brief), for appellees Oglala Sioux Tribe of Pine Ridge Reservation of South Dakota et al.

Robert S. Griswold, Jr., Attorney, Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Clinton G. Richards, U. S. Atty., Lyle E. Cheever, Asst. U. S. Atty., Sioux Falls, S. D., and S. Billingsley Hill, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee United States.

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

GARDNER, Chief Judge.

Appellants at all times here material were lessees of certain tribal trust lands in the Pine Ridge Indian Reservation located within the geographical boundaries of the State of South Dakota. The Pine Ridge Indian Reservation is the home of the Oglala Sioux Tribe of Indians. The Oglala Sioux Tribal Council by resolution levied a license tax on non-members of the tribe leasing trust lands on the reservation, of three cents per acre per annum for...

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