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HARDING COUNTY, S.D. v. FRITHIOF

No. 08-1540.

575 F.3d 767 (2009)

HARDING COUNTY, SOUTH DAKOTA, et al., Plaintiffs-Appellants, v. Ron FRITHIOF, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2009.

Attorney(s) appearing for the Case

Kenneth E. Barker, argued, Belle Fourche, SD, for appellant.

Jane Wipf Pfeile, argued, Rapid City, SD (Thomas G. Fritz, Rapid City, IA and Joseph E. Ellingson, Spearfish, SD, on the brief), for appellee.

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

LOKEN, Chief Judge.

Harding County, South Dakota, is home to many valuable fossils. In June 1998, fossil hunter Mark Eatman found fossilized remains of a juvenile tyrannosaurus rex dinosaur on land in Harding County that was either owned by rancher Gary Gilbert or owned by the County and leased to Gilbert for grazing. Eatman sold his interest in the fossil for $50,000 to a Texas group led by Ron Frithiof, who named the fossil "Tinker." Frithiof and Gilbert then entered...

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