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WOUNDED HEAD v. TRIBAL COUNCIL OF OGLALA SIOUX TRIBE

No. 74-1472.

507 F.2d 1079 (1975)

Garrett WOUNDED HEAD and Bernadine Nichols, Appellants, v. TRIBAL COUNCIL OF the OGLALA SIOUX TRIBE OF the PINE RIDGE RESERVATION and the Solicitor of the United States Department of Interior, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 3, 1975.

Attorney(s) appearing for the Case

Toby H. Hollander, St. Louis, Mo., for appellants.

Patricia Schaffer, Atty., Dept. of Justice, Washington, D. C., for appellee, Solicitor.

Dennis H. Hill, Rapid City, S. D., for appellee, Tribal Council.

Before MATTHES, Senior Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.

MATTHES, Senior Circuit Judge.

Pursuant to a provision of the Indian Reorganization Act of 1934, 48 Stat. 984, specifically 25 U.S.C. § 476, the Oglala Sioux Tribe of the Pine Ridge Reservation of South Dakota adopted a constitution and bylaws. Pertinent to this litigation is Article 7 of the Tribe's constitution, which provides:

Section 1. All members of the Tribe, 21 years or older who have resided on the reservation for a period of one year immediately...

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