UNITED STATES v. MORGAN

Nos. 79-1427 to 79-1430.

614 F.2d 166 (1980)

UNITED STATES of America and Standing Rock Sioux Tribe of North Dakota and South Dakota, Appellees, v. Delores MORGAN and Corson County, South Dakota, Appellants. UNITED STATES of America and Standing Rock Sioux Tribe of North Dakota and South Dakota, Appellees, v. Otto DOCKTER and Corson County, South Dakota, Appellants. UNITED STATES of America and Standing Rock Sioux Tribe of North Dakota and South Dakota, Appellees, v. Lena GOETZ and Corson County, South Dakota, Appellants. UNITED STATES of America and Standing Rock Sioux Tribe of North Dakota and South Dakota, Appellees, v. Bruce MOSER and Corson County, South Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 23, 1980.


Attorney(s) appearing for the Case

Wally Eklund, Johnson, Johnson & Eklund, Gregory, S. D., argued, and Charles Rick Johnson, Gregory, on brief, for appellants.

Martin Green, Atty., Appellate Section, Land and Natural Resources Division, Dept. of Justice, Washington, D.C., argued, James W. Moorman, Asst. Atty. Gen., Washington, D.C., Robert D. Hiaring, U.S. Atty., Sioux Falls, S.D., and Raymond N. Zagone, Atty., Dept. of Justice, Washington, D.C., on brief, for appellees.

Reid P. Chambers, Sonosky, Chambers & Sachse, Washington, D. C., argued, Marvin J. Sonosky, Washington, D.C., on brief, for appellee, Sioux Tribe.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.


ROSS, Circuit Judge.

This is an appeal by three non-Indian individuals,1 who have places of business within the exterior boundaries of the Standing Rock Sioux Indian Reservation, from a judgment enjoining them from selling intoxicating beverages until such time as they secure a license from the Standing Rock Sioux Tribe.

Appellants Morgan and Moser challenge the district court's2 finding that they do...

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