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UNITED STATES EX REL. CONDON v. ERICKSON

Civ. No. 71-17S.

344 F.Supp. 777 (1972)

UNITED STATES of America ex rel. Tilden Louis CONDON, Plaintiff, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant.

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

June 27, 1972.

Attorney(s) appearing for the Case

John E. Simko, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for plaintiff.

Walter W. Andre, Sp. Asst. Atty. Gen., Pierre, S. D., and Roger A. Schiager, Sp. Asst. Atty. Gen., Sioux Falls, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

On May 8, 1972, this Court held an evidentiary hearing to determine jurisdiction, pursuant to an order of the Eighth Circuit Court of Appeals in United States ex rel. Condon v. Erickson, 459 F.2d 663 (8th Cir. 1972). The sole question to be determined was whether the Act of Congress of May 29, 1908, 35 Stat. 460, providing for the sale of unalloted lands in the Cheyenne River Reservation...

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