UNITED STATES of America, Appellant,
v.
Chauncey Wesley LONG ELK, Jr., Ralph Emeron Taken Alive, Clarence Lorin Pay Pay, Donald Dean Martin, Adolph Hepper, and Daris Alfred Janis, Appellees.
UNITED STATES of America, Appellee,
v.
Kermit Wesley BIRD HORSE, and Lynn Lawrence, Appellants.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted August 29, 1977.
Decided November 16, 1977.
Rehearing and Rehearing Denied December 28, 1977.
Attorney(s) appearing for the Case
F. J. Smith, Bismarck, N. D., argued and on brief and supplementary brief, for appellants.
Tom D. Tobin, Winner, S. D., argued for appellants; on brief for appellees in 76-1385 to 76-1391; and on supplemental brief for defendants in 76-1385-76-1391 and 76-1344.
Neil T. Proto, Atty., App. Section, Dept. of Justice, Washington, D. C., argued, for appellees.
Reid Peyton Chambers, Washington, D. C., argued for appellees; filed supplemental brief and additional supplemental brief, for amicus curiae, Standing Rock Sioux Tribe.
Steven E. Carroll, Atty., Dept. of Justice, Washington, D. C., William F. Clayton, U. S. Atty., and Robert D. Hiaring, Asst. U. S. Atty., Sioux Falls, S. D., Howard W. Paulsen, Legal Intern., on brief and reply brief, for appellants in 76-1385 to 76-1391.
Earl R. Mettler, Winner, S. D., on brief, for appellees in 76-1385 to 76-1391; and on supplemental brief for defendants in 76-1385 to 76-1391 and 76-1344.
Marvin J. Sonosky, Washington, D. C., on brief, for amicus curiae, Standing Rock Sioux Tribe.
Harry R. Sachse, Washington, D. C., on supplemental brief for amicus curiae, Standing Rock Sioux Tribe.
Sonosky, Chambers & Sachse, Washington, D. C., on additional supplemental brief of amicus curiae, Standing Rock Sioux Tribe.
Harold O. Bullis (former U. S. Atty.), and H. Gary Annear, Asst. U. S. Atty., Fargo, N. D., on brief, for appellee in 76-1344 and 76-1401.
Irvin B. Nodland, Bismarck, N. D., on brief, for appellant in 76-1401.
Before BRIGHT, ROSS and WEBSTER, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
Rehearing and Rehearing En Banc Denied December 28, 1977.
BRIGHT, Circuit Judge.
These appeals raise an important question of whether federal jurisdiction exists over criminal offenses committed within that portion of the Standing Rock Indian Reservation opened to settlement by a 1913 congressional enactment. The Government has charged the defendants in these cases with committing crimes in that territory. If the...
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