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United States Eighth Circuit


COUNTY OF MILLE LACS v. BENJAMIN, 03-2527, 03-2537

Plaintiffs lack standing to bring an action to determine the legal status of the boundaries of the Mille Lacs Band of Chippewa Indians reservation. Dismissal must be entered without prejudice, however, as dismissals for lack of jurisdiction are not adjudications on the merits under FRCP rule 41(b).

Appellate Information

  • Decided 03/09/2004
  • Published 03/09/2004

Judges

  • SMITH, Circuit Judge., Before RILEY, BOWMAN and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Counsel who presented argument on behalf of Appellant Mille Lacs was Tom D. Tobin of Winner, SD. Counsel who presented argument on behalf of Appellant First National Bank of Milaca was Scott G. Knudson of St. Paul, MN. Also appearing on this brief were Patrick S. Williams and Bryant D. Tchida.

  • For Appellees:
  • Counsel who presented argument on behalf of the appellee was Marc D. Slonim of Seattle, WA. Also appearing on appellee's brief was John B. Arum.
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