TRIBE v. GAFFEY

No. 98-3893, 98-3894, 98-3896, 98-3900.

188 F.3d 1010 (1999)

YANKTON SIOUX TRIBE, and its individual members, Appellee, United States of America, on its own behalf and for the benefit of the Yankton Sioux Tribe, Intervenor Plaintiff-Appellee, v. Matt GAFFEY, States Attorney of Charles Mix County; Herman Peters, Member of the Charles Mix, South Dakota, County Commission; Bruce Bakken, Member of the Charles Mix, South Dakota, County Commission; Jack Soulek, Member of the Charles Mix, South Dakota, County Commission, Appellants, William Janklow, Governor of South Dakota; Mark W. Barnett, Attorney General of South Dakota, Defendants. Gary Beeson, Landowner; City of Dante; City of Geddes; City of Lake Andes; City of Pickstown; City of Platte; City of Ravinia; City of Wagner; Harvey P. Weisser, doing business as Weisser Oil Co., Inc ., Individually, Amici on behalf of Appellant, 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, Amici on Behalf of Appellee. Yankton Sioux Tribe, and its individual members, Appellee, United States of America, on its own behalf and for the benefit of the Yankton Sioux Tribe, Intervenor Plaintiff-Appellee, Matt Gaffey, States Attorney of Charles Mix County; Herman Peters, Member of the Charles Mix, South Dakota, County Commission; Bruce Bakken, Member of the Charles Mix, South Dakota, County Commission; Jack Soulek, Member of the Charles Mix, South Dakota, County Commission, Defendants, William Janklow, Governor of South Dakota; Mark W. Barnett, Attorney General of South Dakota, Appellants. Gary Beeson, Landowner; City of Dante; City of Geddes; City of Lake Andes; City of Pickstown; City of Platte; City of Ravinia; City of Wagner; Harvey P. Weisser, doing business as Weisser Oil Co., Inc ., Individually, Amici on behalf of Appellant, 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, Amici on Behalf of Appellee. Yankton Sioux Tribe, and its individual members; Darrell E. Drapeau, individually, a member of the Yankton Sioux Tribe, Appellees, v. Southern Missouri Waste Management District, a non-profit Corporation, Defendant, v. State of South Dakota, Third Party Defendant-Appellant. Gary Beeson, Landowner; City of Dante; City of Geddes; City of Lake Andes; City of Pickstown; City of Platte; City of Ravinia; City of Wagner; Harvey P. Weisser, doing business as Weisser Oil Co., Inc ., Individually, Amici on behalf of Appellant, 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, Amici on Behalf of Appellee. Yankton Sioux Tribe, and its individual members; Darrell E. Drapeau, individually, a member of the Yankton Sioux Tribe, Appellees, v. Southern Missouri Waste Management District, a non-profit Corporation, Appellant, v. State of South Dakota, Third Party Defendant. Gary Beeson, Landowner; City of Dante; City of Geddes; City of Lake Andes; City of Pickstown; City of Platte; City of Ravinia; City of Wagner; Harvey P. Weisser, doing business as Weisser Oil Co., Inc., Individually, Amici on behalf of Appellant, 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, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed August 31, 1999.


Attorney(s) appearing for the Case

Mart Barnett, Atty. Gen. of South Dakota, Pierre, SD, Argued (John P. Guhin, Asst. Atty. Gen., Pierre, SD, Tom T. Tobin, Winner, SD, Scott J. Podhradsky, Lake Andes, SD, on the brief), for Appellant.

Rita Allen, Asst. U.S. Atty., Sioux Falls, SD, Argued, for Appellee U.S.

James G. Abourezk, Sioux Falls, SD, Argued, for Yankton Sioux Tribe.

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


MURPHY, Circuit Judge.

Before the court are several appeals from judgments concerning lands once recognized to be part of the Yankton Sioux Reservation. After the Supreme Court decided in South Dakota v. Yankton Sioux Tribe, 522 U.S. 329, 118 S.Ct. 789, 139 L.Ed.2d 773 (1998) (Yankton), that the reservation had been diminished at the end of the nineteenth century when the Yankton Sioux Tribe (Tribe) ceded land to the United...

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