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CHEYENNE RIVER SIOUX TRIBE v. KEMPTHORNE

No. CIV 06-3015.

496 F.Supp.2d 1059 (2007)

2007 D.S.D. 15

CHEYENNE RIVER SIOUX TRIBE, Plaintiff, v. Dirk KEMPTHORNE, Secretary of the Interior, in his official capacity, James Cason, Acting Assistant Secretary, Indian Affairs, in his official capacity, Thomas Dowd, Director, Bureau of Indian Education, Bureau of Indian Affairs, in his official capacity, and Cherie Farlee, Education Line Officer Bureau of Indian Education, Bureau of Indian Affairs, in her official capacity, Defendants.

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

July 10, 2007.

Attorney(s) appearing for the Case

Carol L. Barbero, Marmaduke D. McCloud, Hobbs Straus Dean & Walker, LLP, Washington, DC, Margaret E. Bad Warrior, Cheyenne River Sioux Tribe, Eagle Butte, SD, for Plaintiff.

Cheryl Schrempp Dupris, U.S. Attorney's Office Pierre Office, Pierre, SD, Martin Jacob Jackley, Sioux Falls, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiff, Cheyenne River Sioux Tribe ("CRST" or "Tribe"), instituted this suit pursuant to the Indian Self-Determination and Education Assistance Act ("IDEAA"), 25 U.S.C. § 450m-1(a)1, seeking an injunction and judicial review of an adverse administrative decision. Shortly thereafter, defendants filed an answer requesting that plaintiffs...

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