OGLALA SIOUX TRIBE, ETC. v. UNITED STATES

No. 80-1878.

650 F.2d 140 (1981)

The OGLALA SIOUX TRIBE OF the PINE RIDGE INDIAN RESERVATION, Appellant, v. UNITED STATES of America; Cecil D. Andrus, in his official capacity as Secretary of the Interior; Bob Bergland, in his official capacity as Secretary of Agriculture; Curtis S. McKee; and State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1981.

Rehearing and Rehearing Denied August 5, 1981.


Attorney(s) appearing for the Case

Mario Gonzalez, Pine Ridge, S. D., Russel L. Barsh, Seattle, Wash., for appellant.

Robert T. Coulter, Steven M. Tullberg, Curtis Berkey, Indian Law Resource Center, Washington, D.C., for amicus curiae.

Terry L. Pechota, U. S. Atty., Jeffrey L. Viken, Ted L. McBride, Asst. U. S. Attys., Sioux Falls, S. D., for United States.

Mark V. Meierhenry, Atty. Gen., Dennis R. Holmes, Asst. Atty. Gen., State Capitol, Pierre, S. D., for State appellee.

William T. Finley, Jr., William C. Lieblich, David F. B. Smith, Thomas S. Warrick, Terence J. Keeney, Washington, D. C., for Curtis S. McKee, appellee.

Before GIBSON, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 5, 1981.

BRIGHT, Circuit Judge.

The Oglala Sioux Tribe of the Pine Ridge Indian Reservation (the Oglala Tribe) brought this action against the United States and the State of South Dakota1 to quiet title to the Black Hills of South Dakota, alleging an unconstitutional taking under the fifth amendment. The district court2 dismissed the suit for lack of jurisdiction...

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