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IRVING v. CLARK

No. 84-1094.

758 F.2d 1260 (1985)

Mary IRVING, Patrick Pumpkin Seed, Eileen Bissonette as Guardian for Duane Cross, Miguel Cross, Hope Cross, Anthony Cross, Faith Cross, and all others similarly situated, Appellants, v. William P. CLARK, Secretary, Department of Interior and his Agents, Assigns, and Successors in Office, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1985.

Rehearing and Rehearing Denied June 6, 1985.

Attorney(s) appearing for the Case

Yvette Hall War Bonnet, Mission, S.D., for appellants.

Blake A. Watson, Dept. of Justice, Washington, D.C., for appellees.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied June 6, 1985.

JOHN R. GIBSON, Circuit Judge.

The issue before us is the constitutionality of 25 U.S.C. § 2206 (1982),1 which provides that de minimis shares of land allotted in trust to individual members of the Oglala Sioux Tribe may not pass by intestacy or devise but instead escheat to that tribe. The designated heirs and devisees of three deceased tribe members argue that this statute...

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