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SOUTH DAKOTA v. U.S. DEPT. OF INTERIOR

No. 06-1150.

475 F.3d 993 (2007)

State of SOUTH DAKOTA; Moody County, South Dakota, Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR; David W. Anderson, Assistant Secretary-Indian Affairs; Regional Director, Great Plains Regional Office, BIA, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2007.

Attorney(s) appearing for the Case

John P. Guhin, argued, Asst. Atty. Gen. Pierre, SD, for appellants.

Ryan D. Nelson, argued, Dept. of Justice, Washington, DC (Judith Rabinowitz, Lisa E. Jones, U.S. Department of Justice, Environment & Natural Resources Div., and Priscilla A. Wilfahet, Dept. of the Interior, Ft. Snelling, MN, on the brief), for appellees.

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

The State of South Dakota ("the State") and Moody County ("the County") appeal from the district court's1 grant of summary judgment in favor of the United States Department of the Interior ("the Department"), upholding the Department's decision to take land into trust for the Flandreau Santee Sioux Tribe ("FSST"). We affirm.

I. Background

After purchasing 310 acres contiguous to its current...

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