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SANDY LAKE BAND OF MISSISSIPPI CHIPPEWA v. U.S.

No. 12-2600.

714 F.3d 1098 (2013)

SANDY LAKE BAND OF MISSISSIPPI CHIPPEWA, Plaintiff-Appellant v. UNITED STATES of America; Ken Salazar, Secretary of the Interior; Kevin Washburn, Assistant Secretary for Indian Affairs; Jodi Gillette, Acting Deputy Assistant Secretary for Policy and Economic Development, Indian Affairs; and Diane Rosen, Regional Director, Midwest Regional Office, Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 20, 2013.

Attorney(s) appearing for the Case

Lester John Marston , argued, Scott-Johnson , on the brief, Ukiah, CA, for Appellant.

Allen M. Brabender , argued, Kenneth Rooney , on the brief, Washington, DC, for Appellees.

Before WOLLMAN and COLLOTON, Circuit Judges, and HOLMES, District Judge.

WOLLMAN, Circuit Judge.

Sandy Lake Band of Mississippi Chippewa (Sandy Lake) requested that the Secretary of the Interior (Secretary) hold an election so that Sandy Lake's members could vote on a proposed constitution. After the request was denied, Sandy Lake filed suit, seeking an order directing the Secretary to call an election. The district court3 dismissed the suit for lack of subject matter jurisdiction because Sandy Lake had not...

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