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GARREAUX v. ANDRUS

No. 81-1712.

676 F.2d 1206 (1982)

Manson GARREAUX, Appellant, v. Cecil D. ANDRUS, Individually and in his official capacity as Secretary of the Interior; Sidney Mills, Individually and in his official capacity as Assistant Secretary of the Interior for Indian Affairs; Richard Drapeaux, Individually and in his official capacity as Acting Area Director for the Bureau of Indian Affairs for the Aberdeen Area Office; T. L. Traversie, Individually and in his official capacity as Superintendent of the Cheyenne River Agency; and the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1982.

Attorney(s) appearing for the Case

Carol E. Dinkins, Asst. Atty. Gen., Washington, D. C., Jeffrey L. Viken, Acting U. S. Atty., Rapid City, S. D., Dawn Bowen, Asst. U. S. Atty., Pierre, S. D., Edward J. Shawaker, David C. Shilton, Attys., Dept. of Justice, Washington, D. C., for appellees.

Mario Gonzalez, Pine Ridge, S. D., for appellant.

Before FLOYD R. GIBSON, Senior Circuit Judge, ROSS, Circuit Judge, and STEPHENSON, Senior Circuit Judge.

PER CURIAM.

Facts

Manson Garreaux, an enrolled member of the Cheyenne River Sioux Tribe, brought this action against the Secretary of the Interior seeking to compel him to consider Garreaux's petition calling for a Secretarial election on the adoption of proposed amendments to the Cheyenne River Sioux Constitution. Indian tribes are organized pursuant to 25 U.S.C. § 476, which provides in relevant part:

Any Indian tribe, or tribes, residing...

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