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YANKTON SIOUX TRIBE v. U.S. ARMY CORPS OF ENGINS.

No. CIV. 02-4126.

396 F.Supp.2d 1087 (2005)

YANKTON SIOUX TRIBE, and its individual members, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS; Les Brownlee, Acting Secretary of the Army; John Paul Woodley, Jr., Acting 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.

September 30, 2005.

Attorney(s) appearing for the Case

Charles T. Abourezk, Abourezk & Zephier, PC, Rapid City, SD, for Plaintiffs.

Jan L. Holmgren, Michael E. Ridgway, U.S. Attorney's Office, Sioux Falls, SD, for Defendants.

John P. Guhin, Charles D. McGuigan, Attorney General's Office, Pierre, SD, for Defendants State of South Dakota; John Cooper.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

After the Court allowed the Plaintiff Yankton Sioux Tribe ("the Tribe") to file a Second Amended Complaint, Defendants filed a joint Motion to Dismiss, Doc. 180. The motion has been fully briefed and will be decided based upon the written record.

BACKGROUND

The original Complaint in this action contained two distinct types of claims: one alleging violations of the Native American Graves...

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