United States DC Circuit
Oglala Sioux Tribe v. US Army Corps of Eng'rs., 08-5133
In an action by a Sioux Indian tribe seeking a declaration that the 1889 Act of Congress dissolving the Great Sioux Reservation never took effect, the dismissal of the complaint is affirmed where the Indian Claims Commission Act of 1946 imposed a 5-year limitations period on Indian claims then existing and arising, and that period expired.
Appellate Information
- Argued 02/12/2009
- Decided 06/26/2009
- Published 06/26/2009
Judges
- Before: HENDERSON and TATEL, Circuit Judges, and RANDOLPH, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Mario Gonzalez argued the cause for appellant. With him on the briefs was Patricia Marks.
- For Appellees:
- Robert J. Lundman, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Katherine Hazard, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.