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DUMARCE v. NORTON

No. CIV 02-1026.

277 F.Supp.2d 1046 (2003)

Harvey DUMARCE, Kenneth Dumarce, and Colleen Renville Dumarce, Plaintiffs, v. Gale A. NORTON, Secretary of the Interior, her agents, assigns, and successors in office, the Department of the Interior of the United States, and the United States, Defendants.

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

May 15, 2003.

Attorney(s) appearing for the Case

David P. Graham, Leon R. Goodrich, Oppenheimer, Wolff & Donnelly, Minneapolis, MN, Paul Edward Henry, Dakota Plains Legal Services, Sisseton, Ronald Dean Hutchinson, Dakota Plains Legal Services, Mission, for Plaintiffs.

Cheryl Schrempp Dupris, U.S. Attorney's Office, Pierre, Jo Ann M. Shyloski, Department of Justice, Environment & Natural Resources, Division, General Litigation Section, Washington, DC, Marcia M. Kimball, Department of Interior, Office of the Field Solicitor, Ft. Snelling, MN, Thomas L. Sansonetti, Department of Justice, Environment & Nat Resource Division, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1.] Harvey DuMarce, Kenneth DuMarce, and Colleen Renville DuMarce (collectively "the plaintiffs") instituted this action seeking declaratory, injunctive and monetary relief against the United States, the Department of the Interior, and the Secretary of Interior, Gale Norton, (collectively "the government"), alleging that section 5 of the Sisseton-Wahpeton Sioux Act of October 19, 1984, P.L. 98...

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