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N.S.P. v. PRAIRIE ISLAND MDEWAKANTON SIOUX INDIAN COMMUNITY

Nos. 92-1240, 92-1476.

991 F.2d 458 (1993)

NORTHERN STATES POWER COMPANY, Plaintiff-Appellee, v. The PRAIRIE ISLAND MDEWAKANTON SIOUX INDIAN COMMUNITY, Defendant-Appellant, The Tribal Council of the Community; Dale R. Childs; Richard Buck; Johnny Johnson; Vine H. Wells; Jim White, all in their Official Capacity; Bureau of Indian Affairs, Minneapolis Area Office; The Interior Board of Indian Appeals; United States of America, Defendants. NORTHERN STATES POWER COMPANY, Plaintiff-Appellee, v. The PRAIRIE ISLAND MDEWAKANTON SIOUX INDIAN COMMUNITY; The Tribal Council of the Community; Dale R. Childs; Richard Buck; Johnny Johnson; Vine H. Wells; Jim White; Defendants-Appellants, Bureau of Indian Affairs; The Interior Board of Indian Appeals; United States of America, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1993.

Attorney(s) appearing for the Case

William J. Hardacker, Bloomington, MN, argued (Kurt V. BlueDog and Andrew M. Small, on brief), for appellants.

Timothy Thornton of Minneapolis, MN, argued (Michael J. Ahern, Peter A. Koller and Maureen A. Scott, on brief), for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and VAN SICKLE, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

The Prairie Island Mdewakanton Sioux Indian Community (tribe) and its Tribal Council appeal from a preliminary injunction entered against the enforcement of a tribal nuclear radiation control ordinance requiring transporters to obtain a tribal license for each shipment of nuclear materials across reservation land. Northern States Power Company (NSP) brought this action, seeking a declaratory judgment that the tribal ordinance is preempted...

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