Jacob Wallace Antoine, on His Own Behalf and Also on Behalf of His Relatives Similarly Situated v. United States

HEANEY, Circuit Judge.

Appellant Jacob W. Antoine, an enrolled member of the Rosebud Sioux Tribe of South Dakota, challenges the dismissal of his suit to recover possession or damages for the government’s failure to issue a patent for a parcel of land within the Rosebud reservation. We reverse.

Antoine claims an interest in a 320-acre tract of land pursuant to Article 6 of the Sioux Treaty of April 29,1868,15 Stat. 635, which provides in part as follows:

If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family shall desire to commence…