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U.S. v. WEDDELL

No. Civ. 97-4132.

12 F.Supp.2d 999 (1998)

UNITED STATES of America, Plaintiff, v. William H. WEDDELL, Defendant, and Yankton Sioux Tribe, Marty, South Dakota, Garnishee.

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

July 30, 1998.

Attorney(s) appearing for the Case

LeAnn Larson LaFave, Sioux Falls, SD, for Plaintiff.

William H. Weddell, Wagner, SD, pro se.

ORDER DENYING MOTION TO DISMISS GARNISHMENT

PIERSOL, District Judge.

[¶ 1] The Garnishee, Yankton Sioux Tribe, moves to dismiss this garnishment action against tribal member William H. Weddell on the basis of the Tribe's sovereign immunity. The government resists the motion. For the reasons stated below, the Court denies the motion to dismiss.

[¶ 2] It is well established that Indian tribes possess the same common law immunity from suit...

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