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YANKTON SIOUX TRIBE OF INDIANS v. STATE OF S.D.

Nos. 85-5289, 85-5290.

796 F.2d 241 (1986)

The YANKTON SIOUX TRIBE OF INDIANS, Appellee, and The United States of America, Intervenor/Appellant, v. STATE OF SOUTH DAKOTA and County of Charles Mix, South Dakota. The YANKTON SIOUX TRIBE OF INDIANS, Appellee, and The United States of America, v. STATE OF SOUTH DAKOTA and County of Charles Mix, South Dakota, Intervenor/Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1986.

Attorney(s) appearing for the Case

Daniel J. Doyle, Asst. Atty. Gen., Piere, S.D., and Robert L. Klarquist, Washington, D.C., for intervenor/appellant.

Arlinda Locklear, Washington, D.C., for appellee.

Before ARNOLD and FAGG, Circuit Judges, and OLIVER, Senior District Judge.

FAGG, Circuit Judge.

The State of South Dakota appeals the district court's determination, 604 F.Supp. 1146, that the Yankton Sioux Tribe of Indians (Tribe) owns the bed of Lake Andes located within the boundaries of the Yankton Sioux Tribe Reservation. We reverse.

The United States acquired sovereign title to Lake Andes and the land underlying its waters in 1803, as part of the Louisiana Purchase. Prior to the Louisiana...

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