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O'NEAL v. CHEYENNE RIVER SIOUX TRIBE

No. 73-1031.

482 F.2d 1140 (1973)

Charles O'NEAL and Leo O'Neal, Appellants, v. CHEYENNE RIVER SIOUX TRIBE et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1973.

Rehearing Denied August 20, 1973.

Attorney(s) appearing for the Case

David L. Bergren, Fort Pierre, S. D., for appellants.

William J. Janklow, Pierre, S. D., for appellees.

Before MATTHES, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and ROSS, Circuit Judge.

ROSS, Circuit Judge.

The principal issue on this appeal is whether individual Indian plaintiffs, who fail to exhaust tribal remedies in civil disputes with the tribe, are prohibited from bringing suit in federal court on an action predicated essentially upon the Indian Bill of Rights. 25 U.S.C. § 1302. In this case the trial court held that such Indian plaintiffs must first exhaust their tribal remedies and dismissed...

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