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BROWN v. UNITED STATES

Nos. 73-1011, 73-1111.

486 F.2d 658 (1973)

Ellsworth BROWN et al., Appellees, v. UNITED STATES of America et al., Appellants. Ellsworth BROWN et al., Appellees, v. UNITED STATES of America et al., Appellees, Cheyenne River Sioux Tribal Council; Wayne Ducheneaux, a Member of the Cheyenne River Sioux Tribal Council, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 9, 1973.

Attorney(s) appearing for the Case

Charles Poches, Jr., Fort Pierre, S. D., for appellants.

John A. Morrissey, South Dakota Legal Services, Eagle Butte, S. D., for appellees.

Before HEANEY, STEPHENSON and WEBSTER, Circuit Judges.

HEANEY, Circuit Judge.

This class action was brought by six enrolled members of the Cheyenne River Sioux Tribe against the Tribal Council, its Chairman, the United States Government, and the Secretary of Interior. The plaintiffs complained that the Tribal Council was malapportioned and that they, and those they sought to represent, were under-represented on the Council. They sought declaratory and injunctive relief on the theory that the malapportionment violated...

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