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ROSEBUD SIOUX TRIBE v. STATE OF S.D.

Nos. 89-5227, 89-5228 and 89-5252.

900 F.2d 1164 (1990)

ROSEBUD SIOUX TRIBE, Appellant, Cheyenne River Sioux Tribe, Intervenor, Oglala Sioux Tribe, Standing Rock Sioux Tribe, Appellants, v. STATE OF SOUTH DAKOTA; George S. Mickelson, Governor; Roger Tellinghuisen, Attorney General; Jim Jones, Superintendent of the Highway Patrol, In Their Official Capacities, Appellees. ROSEBUD SIOUX TRIBE, Cheyenne River Sioux Tribe, Appellant, Oglala Sioux Tribe and Standing Rock Sioux Tribe, Intervenors-Plaintiffs Below, v. STATE OF SOUTH DAKOTA; George S. Mickelson, Governor; Roger Tellinghuisen, Attorney General; Jim Jones, Superintendent of the Highway Patrol, In Their Official Capacities, Appellees. ROSEBUD SIOUX TRIBE, Appellee, Cheyenne River Sioux Tribe, Oglala Sioux Tribe, Standing Rock Sioux Tribe, (Plaintiff/Intervenors Below) Appellees, v. STATE OF SOUTH DAKOTA; George S. Mickelson, Governor; Roger Tellinghuisen, Attorney General; Jim Jones, Superintendent of the Highway Patrol, In Their Official Capacities, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 16, 1990.

Rehearing and Rehearing Denied June 8, 1990.

Attorney(s) appearing for the Case

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

John P. Guhin, Pierre, S.D., for appellees.

Before LAY, Chief Judge, McMILLIAN and WOLLMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 8, 1990.

LAY, Chief Judge.

This action was originally commenced by the Rosebud Sioux Tribe, later joined by the Cheyenne River Sioux Tribe, the Oglala Sioux Tribe and the Standing Rock Sioux Tribe (the Tribes), to enjoin the State of South Dakota from exercising civil and criminal jurisdiction over highways running through Indian land1 in the state. The district court

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