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YANKTON SIOUX TRIBE OF INDIANS v. NELSON

No. CIV76-4066.

521 F.Supp. 463 (1981)

The YANKTON SIOUX TRIBE OF INDIANS, Plaintiff, v. Kenneth NELSON, Daniel Svotas and De Wit Harold, Defendants, and State of South Dakota, Intervenor-Defendant, and County of Charles Mix, South Dakota, Intervenor-Defendant.

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

September 19, 1981.

Attorney(s) appearing for the Case

Yvonne T. Knight, Boulder, Colo., and Arlinda Locklear, Washington, D. C., for plaintiff.

Warren R. Neufeld, Asst. Atty. Gen., Pierre, S. D., for intervenor-defendant State of South Dakota.

Tom D. Tobin, Winner, S. D., and David Albert Mustone, Washington, D. C., for intervenor-defendant County of Charles Mix, S. D.

MEMORANDUM DECISION

NICHOL, Senior District Judge.

Plaintiff, Yankton Sioux Tribe of Indians, (hereinafter the Tribe), brought this action against defendants Kenneth Nelson, Daniel Svotas and De Wit Harold, all non-Indians, alleging that the Tribe is the owner of the bed underlying Lake Andes, South Dakota, and unlawful trespass on the part of the individual defendants. Subsequently the State of South Dakota (the State) and Charles Mix County intervened...

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