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UNITED STATES v. BANKS

Nos. Cr. 73-5034, Cr. 73-5062, Cr. 73-5035 and Cr. 73-5063.

374 F.Supp. 321 (1974)

UNITED STATES of America, Plaintiff, v. Dennis BANKS, Defendant. UNITED STATES of America, Plaintiff, v. Russell MEANS, Defendant.

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

April 30, 1974.

Attorney(s) appearing for the Case

William F. Clayton, U. S. Dist. Atty., for the District of South Dakota, and R. D. Hurd and David R. Gienapp, Asst. U. S. Attys., Sioux Falls, S. D. and Earl Kaplan, Dept. of Justice, Washington, D. C., appeared in behalf of the plaintiff.

Mark Lane, New York City, Douglas Hall and Larry B. Leventhal, Minneapolis, Minn. and Ramon A. Roubideaux, Rapid City, S. D., appeared in behalf of the defendant Banks.

William M. Kunstler, New York City, and Kenneth E. Tilsen, St. Paul, Minn., appeared in behalf of the defendant Means.

MEMORANDUM DECISION

NICHOL, Chief Judge.

In this case, stemming from the 71 day siege/occupation of the hamlet of Wounded Knee, South Dakota, an extended adversary hearing was held, pursuant to the requirements of Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969), to determine whether this case should be dismissed on the basis of governmental misconduct. The motion propounds four basic charges: ...

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