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UNITED STATES v. STATE OF S. D.

No. 80-2038.

665 F.2d 837 (1981)

UNITED STATES of America, Appellee, v. STATE OF SOUTH DAKOTA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1981.

Attorney(s) appearing for the Case

Terry L. Pechota, U. S. Atty. (argued), Bonnie P. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Mark V. Meierhenry, Atty. Gen. (argued), Robert L. Timm, Chief Deputy Atty. Gen., LeAnn Larson Finke, Asst. Atty. Gen., Pierre, S. D., for appellant.

Bertram E. Hirsch, Bellerose, N. Y., for the Sisseton-Wahpeton Sioux Tribe as amicus curiae.

Before HENLEY and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.

McMILLIAN, Circuit Judge.

The State of South Dakota appeals from a final judgment1 entered in the District Court for the District of South Dakota2 declaring a housing project located in the City of Sisseton, South Dakota, to be a "dependent Indian community" within the meaning of 18 U.S.C. § 1151(b),3 and restraining the State of South Dakota from asserting jurisdiction over...

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