CALHOON v. SELL

No. 96-3038.

71 F.Supp.2d 990 (1998)

Mike CALHOON and Lee Calhoon, d/b/a Calhoon Ranch, Inc., Ray Burtz, Sylvia Bear and Georgianne Bear, Plaintiffs, v. Jim SELL, Richard Colombe, Paul Valandra, William DuBray, Trust of Nancy Patronaggio, Greenwood Township, Star Valley Township, Tripp County, South Dakota, Rosebud Sioux Tribe, and the United States of America, Defendants.

United States District Court, D. South Dakota, Central Division.

September 30, 1998.


Attorney(s) appearing for the Case

John M. Grossenburg, Winner, SD, for Plaintiffs.

John Simpson, Simpson Law Office, Winner, SD, for Jim Sell.

Paul Valandra, Mission, SD, pro se.

Terry L. Pechota, Viken, Viken, Pechota, Leach & Dewell, Rapid City, SD, Eric J. Antoine, Rosebud, SD, for William DuBray, Trust of Nancy Patronaggio and Rosebud Sioux Tribe.

Kent E. Lehr, Ulmer Hertz & Bertsch, Menno, SD, for Greenwood Township.

Alvin R. Pahlke, Winner, SD, for Tripp County, South Dakota.

Cheryl Schremp DuPris, U.S. Attorney's Office, Pierre, SD, for United States of America.


MEMORANDUM OPINION

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs instituted this action under 28 U.S.C. §§ 1331, 1343, 1346(f), 1353, and 1367, and 25 U.S.C. § 1302(8). Plaintiffs seek a declaratory judgment to the effect that a portion of a road running from Ideal, South Dakota, to Presho, South Dakota, which portion is located in Star Valley and Greenwood Townships of...

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