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BLACK HILLS INSTITUTE OF GEOLOGICAL RESEARCH v. U.S. DEPT. OF JUSTICE

Nos. 92-2252, 92-2585.

978 F.2d 1043 (1992)

BLACK HILLS INSTITUTE OF GEOLOGICAL RESEARCH; Black Hills Museum of Natural History Foundation, Inc., a non-profit corporation, Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE; Manual Lujan, Jr., Secretary of the Department of Interior; Cheyenne River Sioux Tribe; South Dakota School of Mines and Technology, Appellees. BLACK HILLS INSTITUTE OF GEOLOGICAL RESEARCH; Black Hills Museum of Natural History Foundation, Inc., a non-profit corporation, Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE; Manual Lujan, Jr., Secretary of the Department of Interior, Appellees, Cheyenne River Sioux Tribe; South Dakota School of Mines and Technology, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1992.

Attorney(s) appearing for the Case

Patrick Duffy and Mark F. Marshall, Rapid City, S.D., argued, for appellants.

Timothy Joranko, Eagle Butte, S.D., argued (Mark C. Van Norman and Steven C. Emery, on brief), for Cheyenne River Sioux Tribe.

Kevin V. Schieffer of Rapid City, S.D., argued (Robert A. Mandel, on brief), for the Government.

Before JOHN R. GIBSON, MAGILL, and BEAM, Circuit Judges.

MAGILL, Circuit Judge.

This case involves the ongoing battle over a Tyrannosaurus rex fossil nicknamed "Sue," which was discovered in western South Dakota in August of 1990. We affirm the district court's1 order naming the South Dakota School of Mines and Technology as custodian of the fossil pendente lite, finally dispose of all appellate claims, and remand for further proceedings on the merits.

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