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MARTY INDIAN SCHOOL BD., INC. v. STATE OF S.D.

No. 86-5449.

824 F.2d 684 (1987)

MARTY INDIAN SCHOOL BOARD, INC., a subdivision of the Yankton Sioux Tribe; and the Yankton Sioux Tribe, Appellants, v. STATE OF SOUTH DAKOTA; R. Van Johnson, Director of the South Dakota Department of Revenue; and Harvey Weisser, d/b/a Weisser Oil Co., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1987.

Attorney(s) appearing for the Case

Michael Abourezk, Gregory, S.D., for appellants.

Janice Waysman, Pierre, S.D., for State of South Dakota Dept. of Revenue.

Kenneth W. Cotton, Wagner, S.D., for Harvey Weisser.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

Plaintiff Marty Indian School Board administers a boarding school for Indian children on the Yankton Sioux Reservation. The Board is composed exclusively of members of the Yankton Sioux Tribe. Funding for the school comes from the federal government through the Indian Self-Determination and Education Assistance Act, 25 U.S.C. §§ 450, et seq., and through other federal programs...

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