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CROW CREEK SIOUX TRIBE v. BUREAU OF INDIAN AFFAIRS

No. CIV. 06-3004.

463 F.Supp.2d 964 (2006)

2006 DSD 18

CROW CREEK SIOUX TRIBE, Plaintiff, v. BUREAU OF INDIAN AFFAIRS, W. Patrick Ragsdale, director, Bureau of Indian Affairs, Chris Chaney, director, Office of Law Enforcement Services, Michael Yellow, District One Correctional Program Specialist, Defendants.

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

November 17, 2006.

Attorney(s) appearing for the Case

Terry L. Pechota, Attorney at Law, Rapid City, SD, for Plaintiffs.

Cheryl Schrempp Dupris, U.S. Attorney's Office, Pierre, SD, for Defendants.

OPINION AND ORDER ON DEFENDANTS' MOTION TO DISMISS

KORNMANN, District Judge.

INTRODUCTION

¶ Plaintiff, Crow Creek Sioux Tribe ("Tribe"), instituted this suit pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, seeking judicial review of the Bureau of Indian Affairs-Office of Law Enforcement Services...

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