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COWAN v. ROSEBUD SIOUX TRIBE

No. CIV 74-3026.

404 F.Supp. 1338 (1975)

Pat COWAN and Clayton Jennings, Individually and as a partnership doing business as C & J Cattle Company v. ROSEBUD SIOUX TRIBE et al.

United States District Court, D. South Dakota.

September 12, 1975.

Attorney(s) appearing for the Case

Ruben R. Widmayer, Heidepriem, Widmayer & Campbell, Miller, S. D., for plaintiffs.

Robert B. Looby, Pierre, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

In February of 1973, plaintiffs in this action entered into an agreement whereby they leased approximately 8,941 acres of land from the Rosebud Sioux Tribe, one of the named defendants in this action. The lease contained certain grazing restrictions and maintenance requirements not directly relevant here. Paragraph 43 of the written lease reads as follows:

All lessees or permittees on the Rosebud Indian...

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