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YANKTON SIOUX TRIBE v. SOUTHERN MISSOURI WASTE DIST.

No. 95-2647.

99 F.3d 1439 (1996)

YANKTON SIOUX TRIBE, a federally recognized tribe of Indians, and its individual members; Darrell E. Drapeau, individually, a member of the Yankton Sioux Tribe, Plaintiffs-Appellees, v. SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, a non-profit corporation, Defendant-Third Party, Plaintiff-Appellee, v. STATE OF SOUTH DAKOTA, Third Party Defendant-Appellant. Charles Mix County, South Dakota; Flandreau Santee Sioux Tribe, Inc.; United States of America; Amicus Curiae. Vine Deloria, Jr.; Philip S. Deloria; Philip Lane, Sr.; Philip Lane, Jr.; James Weddell, Descendants of Francois Deloria, Signatory to the Treaty of 1858, and Descendants and Relatives of Philip J. Deloria, Chief of Band Eight of the Yankton Sioux Tribe, at the time of the negotiation and ratification of the agreement of December 31, 1892, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided October 24, 1996.

Rehearing and Suggestion for Rehearing Denied January 6, 1997.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Attorney General, argued, Pierre, S.D. (Roxanne Giedd, on the brief), for Third-Party Defendant-Appellant.

James G. Abourezk, argued, Sioux Falls, S.D., for Plaintiffs-Appellees.

Before RICHARD S. ARNOLD, Chief Judge, and MAGILL and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 6, 1997.*

MURPHY, Circuit Judge.

This case raises questions about the extent to which an 1894 act of Congress affected the reservation of the Yankton Sioux Tribe in South Dakota. That statute ratified and incorporated an 1892 agreement between the tribe and the United States. The tribe brought this declaratory judgment action to enforce its claimed right to approve and...

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