BLACK HILLS INSTITUTE v. DEPT. OF JUSTICE

No. 92-2252SD.

967 F.2d 1237 (1992)

BLACK HILLS INSTITUTE OF GEOLOGICAL RESEARCH; and 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; and South Dakota School of Mines and Technology, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1992.

Rehearing Denied July 8, 1992.


Attorney(s) appearing for the Case

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

Timothy W. Joranko, Eagle Butte, S.D., and Robert A. Mandel, Rapid City, S.D. (Gene N. Lebrun, Rapid City, S.D., appeared on the brief), for appellees.

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


MAGILL, Circuit Judge.

This case concerns the care and custodianship of a 65 million-year-old pile of bones named Sue. Ever since researchers uncovered the mammoth remains of a Tyrannosaurus rex in western South Dakota in August, 1990, the ten tons of bones have sparked a keen ownership battle. Federal agents seized the bones on May 14, 1992, on orders of the United States Attorney for the District of South Dakota as part of an investigation into possible violations...

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