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BLACK HILLS INST. v. S.D. SCHOOL OF MINES & TECH.

Nos. 93-1600, 93-1602.

12 F.3d 737 (1993)

BLACK HILLS INSTITUTE OF GEOLOGICAL RESEARCH; Black Hills Museum of Natural History Foundation, Inc., a non-profit corporation, Plaintiffs, Joseph M. Butler, Appellant, v. SOUTH DAKOTA SCHOOL OF MINES AND TECHNOLOGY, Appellee, United States Department of Justice, Defendant. 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, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1993.

Order Denying Rehearing and Suggestion for Rehearing February 2, 1994.

Attorney(s) appearing for the Case

Joseph Butler, Rapid City, SD, argued (Mark F. Marshall on the brief), for appellant Butler in No. 93-1600.

Patrick Duffy, Rapid City, SD, argued (Mark F. Marshall, on the brief), for appellant Black Hills Institute in No. 93-1602.

Gene N. LeBrun, Rapid City, SD, argued (Edward J. Shawaker and David C. Shilton of Washington, DC, on the brief), for School of Mines in No. 93-1600.

Edward Shawaker, Washington, DC, argued (Ted L. McBride, Robert A. Mandel, Myles E. Flint, and David C. Shilton, on the brief), for appellee U.S. in No. 93-1602.

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

Order Denying Rehearing and Suggestion for Rehearing En Banc February 2, 1994.

MAGILL, Circuit Judge.

Black Hills Institute of Geological Research and Black Hills Museum of Natural History Foundation (collectively, "Black Hills") appeal the district court's1 judgment in favor of the United States. The district court found that the United States holds title to a valuable Tyrannosaurus rex skeleton ("the fossil" or "Sue") in trust...

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