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COMES FLYING v. U.S. THROUGH BUR. OF INDIAN AFF.

No. CIV. 92-3030.

830 F.Supp. 529 (1993)

George COMES FLYING and Fred Comes Flying, Plaintiffs, v. UNITED STATES of America, acting through the BUREAU OF INDIAN AFFAIRS, Defendant.

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

July 23, 1993.

Attorney(s) appearing for the Case

Charles M. Thompson, May, Adam, Gerdes, & Thompson, Pierre, SD, for plaintiffs.

Mikal G. Hanson, Asst. U.S. Atty., Pierre, SD, for defendant.

MEMORANDUM OPINION AND ORDER

BOGUE, Senior District Judge.

Defendant moved to dismiss this action on October 23, 1992. After initial briefing by the parties, Judge Porter ruled (on April 7, 1993) that additional documentation was required before a decision could be reached on the motion. New materials and briefs have been received, and the matter is now ripe for decision. For the reasons that follow, the motion is granted.

Plaintiffs' basic claim...

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