No. 78-1280.

587 F.2d 23 (1978)

UNITED STATES ex rel. Robert BURNETTE, Appellants, v. Ed DRIVING HAWK et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 20, 1978.

Attorney(s) appearing for the Case

Robert Burnette, pro se.

Terry L. Pechota, Mission, S.D., for appellee.

Before LAY, BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

This civil case was brought in the United States District Court for the District of South Dakota to recover, on behalf of the United States and the plaintiff, federally appropriated funds allegedly improperly spent by defendants. 25 U.S.C. § 450d.

On April 4, 1978, the federal district court filed an order which stated: "It appearing that 25 U.S.C. § 450d is a criminal statute and that Plaintiff, therefore, has no standing to...

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