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Submitted: March 11, 2009

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

In this action the Yankton Sioux Tribe (Tribe) and its members sought declaratory and injunctive relief against officials of Charles Mix County*fn1 and the State of South Dakota*fn2 in respect to the boundaries of the Yankton Sioux Reservation. In an earlier stage of the case we held that the Tribe’s 1894 cession of certain land to the United States had diminished, rather than disestablished, the reservation and that some land retained reservation status. Yankton Sioux Tribe v. Gaffey (Gaffey II), 188 F.3d 1010 (8th Cir. 1999), cert. denied, 530 U.S. 1261 (2000). We remanded to the district court for further development of the record and for “findings relative to the status of Indian lands which are held in trust.” Gaffey II, 188 F.3d at 1030.

 
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