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WELLS v. PHILBRICK

Civ. 80-3006.

486 F.Supp. 807 (1980)

In re Wallace WELLS, Jr., Plaintiff, v. Robert PHILBRICK, Ronald Kirkie, Ambrose McBride, Duane Big Eagle, Richard Fleury, Vilas Hopkins and Henry Big Eagle, Individually and in their capacities as member of the Crow Creek Tribal Council, Defendants.

United States District Court, D. South Dakota, Central Division.

March 25, 1980.

Attorney(s) appearing for the Case

David L. Bergren, Bergren & Duffy, Fort Pierre, S. D., for plaintiff.

Max A. Gors, Maher & Gors, Pierre, S. D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiff filed an amended complaint in this case on March 7, 1980, alleging jurisdiction under 42 U.S.C. § 1983, 25 U.S.C. §§ 1302, 1303 and 28 U.S.C. § 1343. Defendants moved to dismiss on March 11, 1980. After due consideration, this Court has concluded that it lacks jurisdiction over the damage portions of plaintiff's claim, and that the habeas corpus count...

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