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OGLALA SIOUX TR. OF PINE RIDGE IND. RES. v. HALLETT

No. 82-1756.

708 F.2d 326 (1983)

The OGLALA SIOUX TRIBE OF the PINE RIDGE INDIAN RESERVATION, Appellant, v. William HALLETT, In His Official Capacity as Commissioner of Indian Affairs; Cecil D. Andrus, In His Official Capacity as Secretary of the Interior; Forrest Gerard, In His Official Capacity as Assistant Secretary of the Interior for Indian Affairs; William Benjamin, In His Official Capacity as Acting Area Director of the Bureau of Indian Affairs for the Aberdeen Area; Anthony Whirlwind Horse, In His Official Capacity as Superintendent of Pine Ridge Agency; and Richard Tall, Marilyn Walker, Intervenor Below, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 20, 1983.

Attorney(s) appearing for the Case

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., for Federal appellees.

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

Before HEANEY, ROSS and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

The Oglala Sioux Tribe [Tribe] brought this action in the United States District Court for the District of South Dakota seeking declaratory, injunctive, and other appropriate relief from the decision of the Secretary of the Interior [Secretary] approving Richard Tall's application for fee patents on certain lands within the exterior boundaries of the Pine Ridge Indian Reservation. The Tribe named the Secretary and other persons in the Department...

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