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BONE SHIRT v. HAZELTINE

No. 05-4010.

461 F.3d 1011 (2006)

Alfred BONE SHIRT; Belva Black Lance; Bonni High Bull; Germaine Moves Camp, Appellees, v. Joyce HAZELTINE, in her official capacity as Secretary of State of the State of South Dakota; Scott Eccarius, in his official capacity as Speaker of the South Dakota House of Representatives; South Dakota House of Representatives; Arnold Brown, in his official capacity as President of the South Dakota Senate; South Dakota Senate, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2006.

Attorney(s) appearing for the Case

John P. Guhin, argued, Asst. Attorney General, Pierre, SD (Sherri Sundem Wald, AGA, Pierre, SD, on the brief), for appellant.

Bryan Sells of the American Civil Liberties Union, argued, Atlanta, GA (Laughlin McDonald, ACLU, Atlanta, on the brief), for appellee.

Before SMITH, HEANEY, and GRUENDER, Circuit Judges.

HEANEY, Circuit Judge.

This case arises from the 2001 legislative redistricting of South Dakota. The redistricting plan (the Plan) created a 105-member state legislature that was split into thirty-five districts. Each district elected two members of the state house of representatives at-large and one member of the state senate. District 28 was an exception. It was divided into two single-member districts: District 28A and 28B. There were only two Indian-majority districts...

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