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U.S. ON BEHALF OF CHEYENNE RIVER SIOUX TRIBE v. SD

Nos. 95-2529, 95-2535, 95-2720 and 95-2688.

105 F.3d 1552 (1997)

UNITED STATES of America, on behalf of THE CHEYENNE RIVER SIOUX TRIBE and its members, Plaintiff/Appellant/Cross Appellee, Cheyenne River Sioux Tribe, Intervenor Plaintiff/Appellant/Cross Appellee, v. STATE OF SOUTH DAKOTA; Julie M. Johnson, State Secretary of Revenue, Defendants/Appellees/Cross Appellants, Ronald J. Schreiner; Dewey County, South Dakota; John Alley, County Treasurer; Ziebach County, South Dakota; Virginia Hertel, County Treasurer, Defendants/Appellees. ROSEBUD SIOUX TRIBE, Plaintiff/Appellant, v. Julie JOHNSON, State Secretary of Revenue, Defendant/Appellee. United States of America, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided January 17, 1997.

Attorney(s) appearing for the Case

Ellen J. Durkee, Washington, D.C. (argued), for appellant/cross-appellee United States in 95-2529/2535, Amicus Curiae United States in 95-2688, and appellant United States in 95-2720.

Steven C. Emery, Eagle Butte, South Dakota (argued), for appellant/cross-appellee Cheyenne River Sioux Tribe in 95-2529/2535 and Rosebud Sioux Tribe in 95-2688.

Lawrence E. Long, Pierre, South Dakota (argued), for appellees/cross-appellants State of South Dakota, Julie M. Johnson, and Ronald J. Schreiner in 95-2529/2535, appellee Julie M. Johnson in 95-2688, and appellees State of South Dakota and Julie M. Johnson in 95-2720.

Steven Lyle Aberle, Timber Lake, South Dakota (argued), for appellees/cross-appellants Dewey County, John Alley, Ziebach County, and Virginia Hertel in 95-2529/2535, and appellee Julie M. Johnson in 95-2688 and appellees Julie M. Johnson, Dewey County, John Alley, Ziebach County and Virginia Hertel in 95-2720.

Before MURPHY and ROSS, Circuit Judges, and VAN SICKLE, District Judge.

MURPHY, Circuit Judge.

These two cases challenge the jurisdiction of the State of South Dakota to impose its motor vehicle excise tax and registration fee on Indians who live within the boundaries of a reservation. In one case, the United States sued for declarative, injunctive, and compensatory relief on behalf of the Cheyenne River Sioux Tribe and its members. The second case involves claims brought by the Rosebud Sioux Tribe for equitable relief.

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