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YANKTON SIOUX TRIBE OF INDIANS v. NELSON

Nos. 81-2148, 81-2302.

683 F.2d 1160 (1982)

The YANKTON SIOUX TRIBE OF INDIANS, Appellee, v. Kenneth NELSON, Daniel Svotas, De Wit Harold, State of South Dakota, Appellant. Charles Mix County, South Dakota. The YANKTON SIOUX TRIBE OF INDIANS, Appellee, v. Kenneth NELSON, Daniel Svotas, De Wit Harold, State of South Dakota, Charles Mix County, South Dakota, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1982.

Attorney(s) appearing for the Case

John W. Keller, Jr., Huron, Arlinda Locklear, Native American Rights Fund, Washington, D. C., Yvonne T. Knight, Native American Rights Fund, Boulder, Colo., for appellees.

Mark V. Meierhenry, Atty. Gen., Daniel J. Doyle, Asst. Atty. Gen., Pierre, S. D., for appellants.

Tom D. Tobin, Tobin Law Offices, P. C., Winner, S. D., David Albert Mustone, Tobin Law Offices, P. C., Washington, D. C., for Charles Mix County.

Arlinda Locklear, Lawrence Aschenbrenner, Native American Rights Fund, Washington, D. C., Yvonne T. Knight, Native American Rights Fund, Boulder, Colo., John W. Keller, Jr., Huron, S. D., for Yankton Sioux Tribe.

Before BRIGHT and JOHN R. GIBSON, Circuit Judges, and HARRIS, Senior District Judge.

BRIGHT, Circuit Judge.

Charles Mix County, South Dakota (the County), and the State of South Dakota (the State), appeal from a summary judgment ruling that the Yankton Sioux Tribe of Indians (the Tribe) holds title to the bed of Lake Andes, in southeastern South Dakota. For the reasons discussed below, we vacate the order granting summary judgment, without prejudice, and remand for further proceedings consistent with this opinion.

I. Background.

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