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YANKTON SIOUX TRIBE OF INDIANS v. NELSON

No. CIV 76-4066.

604 F.Supp. 1146 (1985)

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

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

March 21, 1985.

Attorney(s) appearing for the Case

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

Tom D. Tobin, Winner, S.D., David Albert Mustone, Tobin Law Offices, Washington, D.C., for Charles Mix County, S.D.

Ray P. Murley, Asst. U.S. Atty., Sioux Falls, S.D., John E. Lindskold, Atty., U.S. Dept. of Justice, Land & Natural Resources Div., Denver, Colo., for U.S. of America.

Daniel J. Doyle, Asst. Atty. Gen., Natural Resources Section, Pierre, S.D., for State of S.D.

MEMORANDUM DECISION AND ORDER

NICHOL, Senior District Judge.

INTRODUCTION

The controversy before the Court involves the ownership of the bed of Lake Andes. Ownership is claimed by the plaintiff, Yankton Sioux Tribe of Indians (Tribe) and by the intervenor-defendant State of South Dakota (State). The intervenor-defendant County of Charles Mix (County) claims a governmental interest, but no direct proprietary interest. The intervenor-plaintiff and...

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