1. Home
  2. Browse Decisions
  3. F.3d
  4. 423 F.3d
  5. 423 F.3d 790 (2005)
 

SOUTH DAKOTA v. U.S. DEPT. OF INTERIOR

No. 04-2309.

423 F.3d 790 (2005)

State of SOUTH DAKOTA; City of Oacoma, South Dakota; Lyman County, South Dakota, Plaintiffs/Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Aurene Martin, Acting Assistant Secretary, Indian Affairs; Bill Benjamin, Acting Regional Director, Great Plains Regional Office, BIA; Cleve Her Many Horses, Superintendent, Lower Brule Agency, BIA; James McDivitt, Deputy Assistant Secretary, Indian Affairs, Defendants/Appellees, Lower Brule Sioux Tribe, Interested Party.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2005.

Attorney(s) appearing for the Case

John P. Guhin, argued, Assistant Attorney General, Pierre, SD, for appellant.

Thomas L. Sansonetti, argued, Assistant Attorney General, U.S. Department Of Justice, Washington, DC (Judith Rabinowitz, Ellen Durkee and Lisa E. Jones, U.S. Department of Justice on the brief), for appellee.

Before WOLLMAN, LAY, and HANSEN, Circuit Judges.

WOLLMAN, Circuit Judge.

The State of South Dakota, City of Oacoma, and Lyman County (collectively referred to as the State) appeal from the district court's1 grant of summary judgment in favor of the Department of the Interior (the Department), upholding the Secretary of the Interior's2 decision to use his authority based on section 5 of the Indian Reorganization Act...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases