YANKTON SIOUX TRIBE v. PODHRADSKY

No. CIV 98-4042.

529 F.Supp.2d 1040 (2007)

YANKTON SIOUX TRIBE, and its individual members, Plaintiffs, United States of America, on its own behalf and for the benefit of the Yankton Sioux Tribe, Plaintiff-Intervenor, v. Scott PODHRADSKY, States Attorney of Charles Mix County, et al., Defendants.

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

December 19, 2007.


Attorney(s) appearing for the Case

James G. Abourezk, Sioux Falls, SD, for Plaintiffs.

Mark E. Salter, Jan L. Holmgren, Diana J. Ryan, Assistant U.S. Attorneys, Sioux Falls, SD, for United States.

John P. Guhin, Meghan N. Dilges, Pierre, Scott J. Podhradsky, Lake Andes, Tommy Drake Tobin, Winner, SD, for Defendants.


MEMORANDUM OPINION AND ORDER

LAWRENCE L. PIERSOL, District Judge.

This case is on remand from the Eighth Circuit Court of Appeals.1 A trial to the. Court was held on November 13 and 14, 2007. For the reasons set forth below, the Court finds the following categories of land within the original 1858 treaty boundaries of the Yankton Sioux Reservation remain part of the reservation and are Indian country under 18 U.S.C. § 1151...

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