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RUPP v. OMAHA INDIAN TRIBE

Nos. 93-3103, 93-3106.

45 F.3d 1241 (1995)

Donald L. RUPP; Alma Schmidt Henderson; Lenard F. Schmidt; Betty J. Schmidt; Edward H. Schmidt; Shirley Schmidt, Appellees, v. OMAHA INDIAN TRIBE, Appellant. Donald L. RUPP; Alma Schmidt Henderson; Lenard F. Schmidt; Betty J. Schmidt; Edward H. Schmidt; Shirley Schmidt, Appellants, v. OMAHA INDIAN TRIBE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 26, 1995.

Rehearing and Suggestion for Rehearing Denied March 9, 1995.

Attorney(s) appearing for the Case

Patrick B. Griffin, Omaha, NE, argued (Thomas D. Waldman, on the brief), for appellant.

Peter J. Peters, Council Bluffs, IA, argued (Joe Cosgrove of Sioux City, IA, on the brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 9, 1995.

MAGILL, Circuit Judge.

Omaha Indian Tribe (the Tribe) appeals the decision of the district court1 quieting title and awarding damages against the Tribe. The Tribe argues that the court had no jurisdiction because the Tribe did not waive its sovereign immunity. Donald L. Rupp (Rupp), Alma Schmidt Henderson, Lenard F. Schmidt, Betty J. Schmidt, Edward H. Schmidt...

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