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AMER. INDIAN AGR. CREDIT CONSORTIUM, INC. v. STAND. ROCK SIOUX TRIBE

No. 85-5209.

780 F.2d 1374 (1985)

AMERICAN INDIAN AGRICULTURAL CREDIT CONSORTIUM, INC., Appellee, v. STANDING ROCK SIOUX TRIBE, Standing Rock Sioux Tribal Council, Chairman of the Standing Rock Sioux Tribal Council, and Standing Rock Sioux Credit Committee, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1985.

Attorney(s) appearing for the Case

William R. Perry, Washington, D.C., for appellants.

Thomas W. Fredericks, Boulder, Colo., for appellee.

Before HEANEY, JOHN R. GIBSON and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

In Santa Clara Pueblo v. Martinez, 436 U.S. 49, 98 S.Ct. 1670, 56 L.Ed.2d 106 (1978), the Supreme Court reaffirmed the long-standing rule that a waiver of the sovereign immunity from suit traditionally enjoyed by Indian tribes "cannot be implied but must be unequivocally expressed." Id. at 58, 98 S.Ct. at 1677. In this action the district court found that appellant Standing Rock Sioux Tribe...

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