STANDS OVER BULL v. CROW TRIBE, MONT

Full title: PAT STANDS OVER BULL, PLAINTIFF-APPELLANT, v. THE CROW TRIBE OF INDIANS OF…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 19, 1978

578 F.2d 799 (9th Cir. 1978)

Opinion

No. 78-1142.

June 30, 1978. Rehearing Denied July 19, 1978.

R. Dennis Ickes, of Stringham, Larsen, Mazuran Sabin, Salt Lake City, Utah, for plaintiff-appellant.

Thomas K. Schoppert, of Lynaugh, Fitzgerald, Schoppert, Skaggs Essman, Billings, Mont., for Crow Tribe of Indians of Montana, Crow Tribal Council and Forest Horn, Crow Tribal Chairman.

Appeal from the United States District Court for the District of Montana-Billings Division, 442 F. Supp. 360.

Before MERRILL and SNEED, Circuit Judges, and EAST,^_ Senior District Judge.

_ Honorable William G. East, Senior United States District Judge for the District of Oregon, sitting by designation.

We, sua sponte, withdraw our previous opinion filed herein on May 22, 1978, and substitute therefore the opinion filed this date.

PER CURIAM:

In light of Santa Clara Pueblo v. Martinez, ___ U.S. ___, 98 S.Ct. 1670, 56 L.Ed.2d ___ (1978), this appeal is dismissed as to the tribal defendants The Crow Tribe of Indians of Montana, The Crow Indian Tribal Council, and Forest Horn. Our previous order filed May 22, 1978 dismissing this appeal as to the federal defendants Bureau of Indian Affairs and James Canan is not affected hereby.