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BONE SHIRT v. HAZELTINE

No Civ. 01-3032-KES.

444 F.Supp.2d 992 (2005)

Alfred BONE SHIRT; Belva Black Lance; Bonnie High Bull; and Germaine Moves Camp, Plaintiffs, v. Joyce HAZELTINE, in her official capacity as Secretary of the State of South Dakota; Scott Eccarius, in his official capacity as the Speaker of the South Dakota House of Representatives; South Dakota House of Representatives; Arnold Brown, in his official capacity as President of the South Dakota Senate; and South Dakota Senate, Defendants.

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

October 4, 2005.

Attorney(s) appearing for the Case

Bryan L. Sells, Laughlin McDonald, Neil Bradley, American Civil Liberties Union Foundation, Atlanta, GA, Patrick K. Duffy, Duffy & Duffy, Rapid City, SD, for Plaintiffs.

John P. Guhin, Sherri Sundem Wald, Attorney General's Office, Cheryl Schrempp Dupris, U.S. Attorney's Office Pierre Office, Pierre, SD, Gaye L. Tenoso, R. Tamar Hagler, Department of Justice, Civil Rights Div., Washington, DC, for Defendants.

ORDER DENYING DEFENDANTS' MOTION FOR NEW TRIAL AND AMENDMENT OF JUDGMENT

SCHREIER, District Judge.

Defendants (hereinafter referred to as the "State") move for an order pursuant to Fed.R.Civ.P. 59, 60(a), or 60(b) to vacate or modify the court's August 18, 2004 Remedial Order, or alternatively, for the court to convene a three-judge district court to determine whether the Remedial Order is subject to preclearance pursuant to § 5 of the Voting Rights...

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