HORNELL BREWING CO. v. ROSEBUD SIOUX TRIBAL COURT

Nos. 97-1242 to 97-1244.

133 F.3d 1087 (1998)

HORNELL BREWING CO., doing business as Ferolito, Vultaggio and Sons, Inc.; Heileman Brewing Co., Inc.; John Ferolito, Individually; Don Vultaggio, Individually, Plaintiffs-Appellees, v. The ROSEBUD SIOUX TRIBAL COURT; Hon. Stanley Whiting, Pro-Tem Tribunal Judge; Defendants, Seth H. Big Crow, Sr., as Administrator of the Estate of Tasunke Witko, a/k/a Crazy Horse and as a member of and representative of the class of heirs of said estate, Defendant-Appellant, Rosebud Sioux Tribe, Amicus Curiae. HORNELL BREWING CO., doing business as Ferolito, Vultaggio and Sons, Inc.; Heileman Brewing Co., Inc.; John Ferolito, Individually; Don Vultaggio, Individually, Plaintiffs-Appellees, v. The ROSEBUD SIOUX TRIBAL COURT; Hon. Stanley Whiting, Pro-Tem Tribunal Judge; Defendants-Appellants, Seth H. Big Crow, Sr., as Administrator of the Estate of Tasunke Witko, a/k/a Crazy Horse and as a member of and representative of the class of heirs of said estate, Defendant, Rosebud Sioux Tribe, Amicus Curiae. HORNELL BREWING CO., doing business as Ferolito, Vultaggio and Sons, Inc.; Heileman Brewing Co., Inc.; John Ferolito, Individually; Don Vultaggio, Individually, Plaintiffs-Appellants, v. The ROSEBUD SIOUX TRIBAL COURT; Hon. Stanley Whiting, Pro-Tem Tribunal Judge; Seth H. Big Crow, Sr., as Administrator of the Estate of Tasunke Witko, a/k/a Crazy Horse and as a member of and representative of the class of heirs of said estate, Defendants-Appellees, Rosebud Sioux Tribe, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided January 14, 1998.


Attorney(s) appearing for the Case

Stuart P. Kaler, San Francisco, CA, argued, for appellant/cross-appellee Seth H. Big Crow.

Eric J. Antoine, Rosebud, SD, argued (Robert P. Gough, on the brief), for appellants/cross-appellees Hon. Stanley Whiting and Rosebud Sioux Tribal Court.

Cherie L. Krigsman and Lawrence I. Fox, New York City, argued (Charles M. Thompson, on the brief), for appellees/cross-appellants.

Before BOWMAN, LAY, and MURPHY, Circuit Judges.


LAY, Circuit Judge.

Tasunke Witko, also known as Crazy Horse, was a renown and beloved leader of the Oglala Sioux. He died in 1877. The Lakota people revere Crazy Horse as a spiritual and political leader. We take judicial notice of the fact that on January 15, 1982, the United States Postal Service issued a stamp honoring Crazy Horse, and there is a national Crazy Horse Monument under construction in South Dakota.

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