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UNITED STATES v. BANKS

Nos. CR73-5034, CR73-5062, CR73-5035 and CR73-5063.

383 F.Supp. 368 (1974)

UNITED STATES of America, Plaintiff, v. Dennis BANKS, Defendant. UNITED STATES of America, Plaintiff, v. Russell MEANS, Defendant.

United States District Court, D. South Dakota, W. D.

August 20, 1974.

Attorney(s) appearing for the Case

William F. Clayton, U. S. Dist. Atty., D. S. D., and R. D. Hurd and David R. Gienapp, Asst. U. S. Attys., Sioux Falls, S. D., and Earl Kaplan, Dept. of Justice, Washington, D. C., for plaintiff.

Mark Lane, St. Paul, Minn., Douglas Hall and Larry B. Leventhal, Minneapolis, Minn., for defendant Banks.

William M. Kunstler, New York City, and Kenneth E. Tilsen, St. Paul, Minn., for defendant Means.

MEMORANDUM DECISION

NICHOL, Chief Judge.

In this case arising from events which took place at Wounded Knee, South Dakota, during the 71 day period from February 27, 1973, to May 8, 1973, at the close of the government's case, the defendants Means and Banks have moved for judgment of acquittal as to all eight counts of indictments 73-5034-5 and the two counts of indictments 73-5062-3. This trial is a consolidation of two of the Wounded Knee Occupation leadership...

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