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YANKTON SIOUX TRIBE, v. U.S. ARMY CORPS OF ENGIN.

No. CIV. 02-4126.

258 F.Supp.2d 1027 (2003)

YANKTON SIOUX TRIBE, and its individual members, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS; Thomas E. White, Secretary of the Army; Dominic Izzo, Principal Deputy Assistant Secretary of the Army for Civil Works; Robert E. Flowers, Chief of Engineers; Curt F. Ubbelohde, Omaha District Commander and District Engineer; the United States of America; the State of South Dakota; John Cooper, Secretary of the Department of Game, Fish and Parks for the State of South Dakota; and John Does, Contractors, Defendants.

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

April 18, 2003.

Attorney(s) appearing for the Case

Mary Turgeon Wynne, Okanogan, WA, for Plaintiffs.

Bonnie P. Ulrich, U.S. Attorney's Office, Sioux Falls, John P. Guhin, Charles D. McGuigan, Attorney General's Office, Pierre, for Defendants State of South Dakota; John Cooper.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

The State of South Dakota, John Cooper, Secretary of the Department of Game, Fish and Parks for the State of South Dakota, and John Does, contractors (collectively referred to as the "State defendants"), filed a Motion to Allow Adoption of Archeologist's Recommendations, Doc. 45. The Court previously granted a preliminary injunction in favor of the plaintiffs, the Yankton Sioux Tribe, a federally recognized...

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