ROSEBUD SIOUX TRIBE v. KNEIP

No. 74-1211.

521 F.2d 87 (1975)

ROSEBUD SIOUX TRIBE, Appellant-Plaintiff, v. Honorable Richard KNEIP et al., Appellees-Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1975.


Attorney(s) appearing for the Case

Marvin J. Sonosky, Washington, D. C., for appellant-plaintiff.

William F. Day, Jr., and Tom D. Tobin, Winner, S. D., for appellees-defendants.

Neil T. Proto, Dept. of Justice, Washington, D. C., for amicus curiae, United States.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and TALBOT SMITH, Senior District Judge.


TALBOT SMITH, Senior District Judge.

The complaint before us seeks that we declare that the original "boundaries of the [Rosebud Indian] reservation as fixed by the 1889 Act, were not affected by the three `surplus' land statutes of 1904, 1907, and 1910."1 It follows, according to plaintiff's (hereinafter the Tribe's) theory that the areas involved, namely, all or parts of the Counties of Gregory, Tripp, Lyman and Mellette, in the State...

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