COUNTY OF THURSTON, STATE OF NEBRASKA, Plaintiff-Appellant,
v.
Cecil ANDRUS, Secretary of Interior, United States of America, Wyman A. Babby, Area Director, Bureau of Indian Affairs, Department of Interior, and Floyd R. Thieman, Acting Superintendent, Winnebago Agency, Bureau of Indian Affairs, Defendant-Appellees,
The Omaha Tribe of Indians and the Winnebago Tribe of Indians, Intervenor-Appellees and Cross-Appellants.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted April 6, 1978.
Decided November 6, 1978.
As Amended December 4, 1978.
Attorney(s) appearing for the Case
Robert G. Scoville, Ryan, Scoville & Uhlir, South Sioux City, Neb., for County of Thurston; Albert E. Maul, County Atty., Pender, Neb., on the brief.
Nancy B. Firestone, Atty., Dept. of Justice, Washington, D. C., for Cecil Andrus, Secretary of Interior, et al.; James W. Moorman, Asst. Atty. Gen., Washington, D. C., Daniel E. Wherry, U. S. Atty., Omaha, Neb., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., on the brief.
Jeanne S. Whiteing, Native American Rights Fund, Boulder, Colo., for Omaha Tribe of Indians et al.; Daniel H. Israel and Elizabeth M. Morse, Boulder, Colo., on the brief.
Before LAY and BRIGHT, Circuit Judges, and HANSON, Senior District Judge.
United States Court of Appeals, Eighth Circuit.
HANSON, Senior District Judge.
This is an appeal from the judgment of the district court1 in a mandamus action brought pursuant to 28 U.S.C. § 1361. Jurisdiction in this Court is predicated on 28 U.S.C. § 1291. The case involves the collection of taxes by Thurston County, Nebraska (the County) assessed on certain Indian lands held in trust by the United States under so-called trust patents of allotment for individual allottees...
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