Cheyenne River Sioux Tribe v. Kempthorne
District Court, D. South Dakota
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KORNMANN, District Judge.
INTRODUCTION
[¶ 1] Plaintiff, Cheyenne River Sioux Tribe (“CRST” or “Tribe”), instituted this suit pursuant to the Indian Self-Determination and Education Assistance Act (“IS-DEAA”), 25 U.S.C. § 450m-1(a) 1 , seeking an injunction and judicial review of an adverse administrative decision. Shortly thereafter, defendants filed an answer requesting that plaintiffs complaint be dismissed for failure to state a claim upon which relief could be granted. At the court’s suggestion, the parties agreed to a Fed.R.Civ.P. 65(a)(2) consolidation of…
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