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U.S. v. MEANS

No. 87-5118.

858 F.2d 404 (1988)

UNITED STATES of America, Appellant, v. William MEANS, Mathew King, a/k/a Noble Redman, Charles Abourezk, Russell Means and all other persons occupying the location called "Yellow Thunder Camp" at Victoria Lake in the Black Hills National Forest, Appellees. William A. MEANS, Gregory F. Zephier, Ron Two Bulls, Russell Means for Yellow Thunder Camp and the Lakota Nation, Appellees, v. James MATHERS, Forest Supervisor, United States Forest Service; Craig Rupp, Regional Forest Supervisor, United States Forest Service; R. Max Peterson, Chief, United States Forest Service; Richard Lyng, Secretary of Agriculture, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1988.

Rehearing and Rehearing Denied December 13, 1988.

Attorney(s) appearing for the Case

Raymond B. Ludwiszewski, Washington, D.C., for appellant.

Larry B. Leventhal, Minneapolis, Minn., for appellees.

Before BOWMAN, Circuit Judge, ROSS, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 13, 1988.

BOWMAN, Circuit Judge.

The United States appeals from a final judgment of the District Court ordering the Forest Service to grant a special use permit to a group of Sioux Indians for use of 800 acres of the Black Hills National Forest as a religious, cultural, and educational community. The Government contends that the District Court erred in ruling that the Forest Service violated appellees' First...

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