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YANKTON SIOUX TRIBE v. SOUTHERN MO. WASTE MANAGE.

No. CIV 94-4217.

926 F.Supp. 888 (1996)

The YANKTON SIOUX TRIBE, a federally recognized tribe of Indians, and its individual members, and Darrell E. Drapeau, individually, a member of the Yankton Sioux Tribe, Plaintiffs, v. SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, a non-profit corporation, Defendant. SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, Third-Party Plaintiff, v. STATE OF SOUTH DAKOTA, Third-Party Defendant.

United States District Court, D. South Dakota, Southern Division.

February 29, 1996.

Attorney(s) appearing for the Case

James G. Abourezk, Robin L. Zephier, Abourezk Law Offices, Rapid City, SD, Michael H. Scarmon, Abourezk Law Offices, Sioux Falls, SD, for Plaintiff.

Kenneth W. Cotton, Wipf & Cotton, Wagner, SD, for defendant and third-party plaintiff:

Roxanne Giedd, John P. Guhin, Charles D. McGuigan, Attorney General's Office, Pierre, SD, for third-party defendant.

ORDER VACATING STAY PENDING APPEAL

PIERSOL, District Judge.

The plaintiffs, Yankton Sioux Tribe and Darrell E. Drapeau, move to vacate the stay pending appeal which the Court entered under Federal Rule of Civil Procedure 62(d) on June 23, 1995. The Court requested and received from counsel for the State of South Dakota a brief on the legal question of whether a stay could be imposed under Rule 62(d) where the Court granted a declaratory judgment in favor...

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