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LOWER BRULE SIOUX TRIBE OF S. D. v. UNITED STATES

Civ. No. 80-3047.

540 F.Supp. 292 (1982)

LOWER BRULE SIOUX TRIBE OF SOUTH DAKOTA, Plaintiff, v. UNITED STATES of America; Harold Brown, Secretary of Defense; Clifford Alexander, Secretary of the Army; Lt. Gen. John W. Morris, Chief Engineer, Department of the Army, Corps of Engineers, Defendants.

United States District Court, D. South Dakota, C. D.

May 20, 1982.

Attorney(s) appearing for the Case

R. Dennis Ickes, Salt Lake City, Utah, William J. Srstka, Jr., Duncan, Olinger, Srstka, Lovald & Robbennolt, P. C., Pierre, S. D., for plaintiff.

David L. Zuercher, Asst. U. S. Atty., Pierre, S. D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

The Lower Brule Sioux Tribe brought this action seeking a declaration of its rights under the Act of October 3, 1962, Pub.L.No.87-734, 76 Stat. 698, which authorized the taking of certain lands of the Lower Brule Sioux Reservation for the Big Bend Dam and Reservoir Project on the Missouri River. The Tribe contends that the Secretary of the Army has ignored a mandate of the Act which...

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