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LOUDNER v. U.S.

No. 95-3795.

108 F.3d 896 (1997)

Joyce LOUDNER; Paul Harrison; Ambrose McBride; Chauncey Long Crow; Della Lytle; Hilda Long Crow; Lisa Redwing; Horace Gilbert Slow; Dorothy Slow; Darlene Fallis Jones; Lyle Medicine Crow; Ramona Estes; Fay Jandreau; and Norman V. Taylor, Appellants, v. UNITED STATES of America and Bruce Babbitt, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1997.

Attorney(s) appearing for the Case

Charles Rick Johnson (argued), Gregory, South Dakota, for Appellants.

Craig Peyton Gaumer, Assistant U.S. Attorney (argued), Sioux Falls, South Dakota, for Appellees.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON and MORRIS SHEPPARD ARNOLD, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

Plaintiffs seek to claim their share of a judgment fund created by Congress to satisfy the federal government's obligations to the descendants of the Sisseton-Wahpeton Sioux Tribe. The District Court held that their claims are barred by the six-year statute of limitations in 28 U.S.C. § 2401(a) and dismissed their complaint for want of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). Because the plaintiffs...

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