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BERNARD v. U.S. DEPT. OF INTERIOR

No. 11-2502.

674 F.3d 904 (2012)

Maynard BERNARD; Florine Bernard, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR; Secretary of Department of Interior; Board of Indian Hearings and Appeals; Great Plains Regional Director of the Bureau of Indian Affairs, Defendants-Appellees, Grady Renville, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2012.

Attorney(s) appearing for the Case

Terry L. Pechota , argued and on the brief, Rapid City, SD, for appellants.

Cheryl Schrempp DuPris , USA, argued and on the brief, Pierre, SD, for appellees.

Before MURPHY and GRUENDER, Circuit Judges, and ROSS, District Judge.

MURPHY, Circuit Judge.

Maynard Bernard decided to develop some of the Indian trust land he owned on the Sisseton Wahpeton Reservation in a project planned with his cousin Grady Renville. Bernard and Renville consulted a Bureau of Indian Affairs (BIA) realty officer about how to proceed. She advised Bernard to sign a gift deed to convey the entire property to himself and Renville as joint tenants with the right of survivorship. The agency subsequently denied a request...

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