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CHEYENNE RIVER SIOUX TRIBE OF INDIANS v. UNITED STATES

No. 17650.

338 F.2d 906 (1964)

CHEYENNE RIVER SIOUX TRIBE OF INDIANS, Eagle Butte, South Dakota, Appellant, v. UNITED STATES of America and Peter Hiatt, Eagle Butte, South Dakota, Appellees.

United States Court of Appeals Eighth Circuit.

December 9, 1964.

Attorney(s) appearing for the Case

William Howard Payne, Washington, D. C., made argument for appellant and filed brief with Blaine Simons, of Simons, Beasom & Gibbs, Sioux Falls, S. D., and Arthur P. Scibelli, Washington, D. C.

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., made argument for United States and filed brief with Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., and Harold C. Doyle, U. S. Atty., Sioux Falls, S. D.

Warren W. May, of Martens, Goldsmith, May & Porter, Pierre, S. D., made argument for appellee Peter Hiatt and filed brief with Ramon A. Roubideaux of Roubideaux, Poches & Reade, Fort Pierre, S. D.

Before MATTHES, BLACKMUN and RIDGE, Circuit Judges.

MATTHES, Circuit Judge.

This is an appeal from the judgment of the District Court denying the petition of Cheyenne River Sioux Tribe of Indians to vacate and enjoin enforcement of a judgment previously entered in a condemnation proceeding.1

Appellant's unsuccessful attempts to first enter the condemnation action as a party and then to vacate the judgment rendered therein were premised on the theory that it was an indispensable...

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