STATE OF S.D. v. BOURLAND

Nos. 90-5486, 90-5515.

39 F.3d 868 (1994)

STATE OF SOUTH DAKOTA, in its own behalf, and as parens patriae, Appellee, v. Gregg BOURLAND, personally and as Chairman of the Cheyenne River Sioux Tribe; Dennis Rousseau, personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, Appellants. United States of America; the States of Montana, Alabama, California, Colorado, Minnesota, North Dakota, Utah, Washington, and Wyoming, Amicus Curiae. STATE OF SOUTH DAKOTA, in its own behalf, and as parens patriae, Appellant, v. Gregg BOURLAND, personally and as Chairman of the Cheyenne River Sioux Tribe; Dennis Rousseau, personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, Appellees. United States of America; the States of Montana, Alabama, California, Colorado, Minnesota, North Dakota, Utah, Washington, and Wyoming, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1994.


Attorney(s) appearing for the Case

Mark C. Van Norman, Eagle Butte, SD, argued (Steven Emery and Timothy Jopanko, on the brief), for appellant.

John P. Guhin, Pierre, SD, argued, for appellee.

Peter Appel, Edward J. Shawaker, William A. White and David C. Shilton, Washington, DC, for amicus curiae.

Before BOWMAN, Circuit Judge, HEANEY, and BRIGHT, Senior Circuit Judges.


BOWMAN, Circuit Judge.

This case is before us on remand from the United States Supreme Court. South Dakota v. Bourland, ___ U.S. ___, 113 S.Ct. 2309, 124 L.Ed.2d 606 (1993), reversing 949 F.2d 984 (8th Cir.1991), opinion vacated and mandate recalled, 997 F.2d 512 (8th Cir. 1993).1 In November 1993, after remand...

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