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LOWER BRULE SIOUX TRIBE v. STATE OF S.D.

Nos. 82-1635, 82-1636.

711 F.2d 809 (1983)

LOWER BRULE SIOUX TRIBE, Appellant, v. STATE OF SOUTH DAKOTA, and Jack Merwin, Secretary, Division of Game, Fish and Parks for the State of South Dakota, Appellees. LOWER BRULE SIOUX TRIBE, Appellee, v. STATE OF SOUTH DAKOTA, and Jack Merwin, Secretary, Division of Game, Fish and Parks for the State of South Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1983.

Rehearing and Rehearing Denied July 26, 1983.

Attorney(s) appearing for the Case

Charles A. Hobbs, Washington, D.C., for amicus curiae Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; Wilkinson, Cragun & Barker, Susan O. Berghoef, Washington, D.C., of counsel.

Mark V. Meierhenry, Atty. Gen., Robert L. Timm, Chief Deputy Atty. Gen., Mikal Hanson, Asst. Atty. Gen., Pierre, S.D., for appellee/cross-appellant.

Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Steven S. Anderson, Alvin J. Ziontz, Seattle, Wash., and Sonosky, Chambers, Sachse & Guido, Reid P. Chambers, Lloyd P. Miller, Washington, D.C., for Standing Rock Sioux Tribe.

Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C., for Cheyenne River Sioux Tribe.

James R. McCurdy, Spokane, Wash., for Crow Creek Sioux Tribe.

R. Dennis Ickes of R. Dennis Ickes, P.C., Salt Lake City, Utah, and William J. Srstka, Jr. of Duncan, Olinger, Srstka, Lovald & Robbenholt, P.C., Pierre, S.D., for appellant/cross-appellee.

Before HEANEY and FAGG, Circuit Judges, and MAGNUSON, District Judge.

Rehearing and Rehearing En Banc Denied July 26, 1983.

HEANEY, Circuit Judge.

This action involves a dispute between the State of South Dakota and the Lower Brule Sioux Tribe over which of them will regulate hunting and fishing activity at the Fort Randall and Big Bend dam and reservoir projects. Between 1954 and 1962, the United States acquired portions of the Lower Brule Sioux Reservation along the Missouri River to construct the Fort Randall and Big Bend...

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