CERMAK v. U.S., EX REL. DEPT. OF INTERIOR

No. 06-1686.

478 F.3d 953 (2007)

Stanley Francis CERMAK, Sr.; Raymond Cermak, Sr., Plaintiffs-Appellants, v. UNITED STATES of America, through its DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, Defendants-Appellees, Shakopee Mdewakanton Sioux Community, Amicus on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2007.


Attorney(s) appearing for the Case

Lawrence Herman Crosby, argued, Crosby & Associates, St. Paul, MN, for appellants.

Robert J. Lundman, argued, U.S. Department of Justice Environmental & Natural Resources, Washington, DC (Elizabeth Ann Peterson, U.S. Department of Justice, on the brief), for appellees.

Before LOKEN, Chief Judge, LAY and MELLOY, Circuit Judges.


LOKEN, Chief Judge.

In 1944, the Bureau of Indian Affairs (BIA) issued Indian Land Certificates 64 and 65, assigning the right to possess fifty acres of Indian trust land in Scott County, Minnesota, to "John Cermak and his heirs . . . for the exclusive use and benefit of [Cermak] so long as [Cermak] or his . . . heirs occupy and use said land." In this action, John Cermak's son Stanley and grandson Raymond seek to enforce rights as heirs under the Certificates. The...

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