United States Ex Rel. Robert Burnette v. Ed Driving Hawk
Court of Appeals for the Eighth Circuit
1Opinion of the Court
ROSS, Circuit Judge.
This civil case was brought in the United States District Court for the District of South Dakota to recover, on behalf of the United States and the plaintiff, federally appropriated funds allegedly improperly spent by defendants. 25 U.S.C. § 450d.
On April 4,1978, the federal district court filed an order which stated: “It appearing that 25 U.S.C. § 450d is a criminal statute and that Plaintiff, therefore, has no standing to bring suit under its provisions, Defendant’s Motion to Dismiss is hereby granted.” The sole issue on appeal is whether the district court erred in that…
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