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YANKTON SIOUX TRIBE OF INDIANS v. NELSON

No. CIV76-4066.

566 F.Supp. 1507 (1983)

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.

July 25, 1983.

Attorney(s) appearing for the Case

Arlinda Locklear and Richard Dauphinais, Native American Rights Fund, Washington, D.C., and Yvonne Knight, Native American Rights Fund, Boulder, Colo., and John W. Keller, Jr., Huron, S.D., for plaintiff.

David Albert Mustone, Tobin Law Offices, Washington, D.C., and Daniel J. Doyle, Asst. Atty. Gen., Pierre, S.D., for defendants and intervenor-defendants, respectively.

FINDINGS OF FACT ON REMAND AND ORDER

NICHOL, Senior District Judge.

This matter is before the Court on remand for a factual determination of the navigability of Lake Andes for the following time periods: 1858, when the United States and the Tribe entered into the Treaty creating the Reservation; 1889, when South Dakota entered the Union; and 1892, when the Tribe agreed to cede the unallotted portions of the Reservation to the United States. See Yankton...

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