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NICHOLS v. RYSAVY

Civ. Nos. 83-5002, 83-5033 and 83-5055.

610 F.Supp. 1245 (1985)

Katherine B. NICHOLS, Individually, and as Special Administratrix of the Estate of Amelia Huston Nichols No. 593, deceased, Plaintiff, v. Don RYSAVY, et al., Defendants. Clover POTTER, Individually, and as Special Administratrix of the Estate of James Wilde, Plaintiff, v. STATE OF SOUTH DAKOTA, et al., Defendants. Gladys ECOFFEY, Individually, and as Special Administratrix of the Estate of John Yellow Bird, Plaintiff, v. WASHABAUGH COUNTY, et al., Defendants.

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

May 10, 1985.

Attorney(s) appearing for the Case

Ramon A. Roubideaux, Rapid City, S.D., Mario Gonzalez, Pine Ridge, S.D., John T. Hughes, Sturgis, S.D., Kim Jerome Gottschalk, Jeanette Wolfley, Boulder, Colo., for plaintiffs.

William T. Finley, Jr., David F.B. Smith, Kevin W. McLean, Washington, D.C., amici curiae.

Tom D. Tobin, Winner, S.D., David Albert Mustone, Washington, D.C., for Leo Novotny.

John Simpson, Winner, S.D., for defendants Rysavy.

John P. Guhin, Asst. Atty. Gen., Pierre, S.D., for State of S.D.

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., and Kenneth A. Pels, Atty. U.S. Dept. of Justice, Washington, D.C., for U.S. defendants.

Tom Tobin and William W. Shakely, amici curiae, Bennett & Ziebach Cos.

Robert A. Sambroak, Jr., Kadoka, S.D., for Washabaugh County.

BOGUE, Chief Judge.

STATEMENT OF THE CASE

These three cases were consolidated pursuant to F.R.C.P. 42(a) for the purpose of determining motions to dismiss filed in each of the three forced fee patent cases.1

These three cases are actions to recover title and possession of former allotments on the Rosebud and Pine Ridge Indian Reservations from which the Plaintiffs claim to...

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