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CITY OF TIMBER LAKE v. CHEYENNE RIVER SIOUX TRIBE

No. 93-1148.

10 F.3d 554 (1993)

CITY OF TIMBER LAKE, a South Dakota municipal corporation; City of Isabel, a South Dakota municipal corporation; City of Dupree, a South Dakota municipal corporation; American Legion Club, Edwin Hodges Post 124, of Dupree; Mickey Hutchinson, doing business as Mickeys Cafe & Lounge, Appellees, v. CHEYENNE RIVER SIOUX TRIBE; Greg J. Bourland, in his official capacity as Chairman of the Cheyenne River Sioux Tribe; Marvin Lecompte, in his official capacity as Chief of Police of the Cheyenne River Sioux Tribe, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1993.

Rehearing and Suggestion for Rehearing Denied January 11, 1994.

Attorney(s) appearing for the Case

Mark C. Van Norman and Timothy W. Joranko, Eagle Butte, SD, argued, for appellants.

Timothy M. Engel, Pierre SD, argued, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, and JOHN R. GIBSON and FAGG, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 11, 1994.

FAGG, Circuit Judge.

In this case, we must decide whether an Indian tribe has authority to regulate liquor sales on land held in fee by non-Indians in non-Indian communities within the boundaries of the tribe's reservation. The appellees, an American Legion Club, a non-Indian individual, and the South Dakota cities of Timber Lake, Isabel, and Dupree, all operate liquor establishments within...

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