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GIBBONS v. U.S.

No. 01-3758.

317 F.3d 852 (2003)

Glen GIBBONS, Rhonda Two Eagle, Melanie Two Eagle, Robert Eagle Elk, Crystal Eagle Elk, Everett Little White Man, Plaintiffs-Appellants, v. UNITED STATES of America, William Michael Brewer, William Lone Hill, Sr., Stanley Star Comes Out, Paul Forney, Howard Spoonhunter, Jackson Ten Fingers, Marvin Afraid of Bear, Eugenio White Hawk, Narcisse Rabbit, Barney White Face, Bernardo Rodriquez, Jr., Wendell Yellow Bull, Steven Sandven, Individually and as Officers, Employees or Agents of the Oglala Sioux Tribe and Department of Public Safety, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 24, 2003.

Attorney(s) appearing for the Case

Lisa F. Cook, argued, Rapid City, SD (Terry L. Pechota, on the brief), for appellants.

Diana J. Ryan, argued, Asst. U.S. Atty., Rapid City, SD, for appellee U.S.

Jay C. Shultz, argued, Rapid City, SD, for Tribal appellees.

Before LOKEN, BEAM, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

In this appeal, the plaintiffs-appellants contend that the district court erred in denying their motion for extension of time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5). Because the district court1 acted within its discretion in denying the motion, we affirm.

In the underlying suit, the plaintiffs alleged violations of their civil rights by the United States and numerous...

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