STATE OF SOUTH DAKOTA v. U.S. DEPT. OF INT

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Docket Number

No. 94-2344SDRC.

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STATE OF SOUTH DAKOTA; City of Oacoma, Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR; Eddie F. Brown, Assistant Secretary-Indian Affairs; Jerry Jaeger, Acting Area Director, Bureau of Indian Affairs, Appellees. White Earth Band of Chippewa Indians; Lower Brule Sioux Tribe, also known as Lower Brule Tribe of Sioux Indians; Three Affiliated Tribes, of the Fort Berthold Reser

JUDGMENT

Based upon the remand order of the Supreme Court of the United States in Department of the Interior v. South Dakota, ___ U.S. ___, 117 S.Ct. 286, 136 L.Ed.2d 205, the mandate of this court is hereby recalled, the judgment of this court is vacated, and the case is remanded to the United States District Court for the District of South Dakota with instructions to remand the matter to the United States Secretary of the Interior for reconsideration of his administrative decision.

Mandate shall issue forthwith.

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