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044145P.pdf   01/18/2006  Northern Cheyenne  v.  Alphonso Jackson
   U.S. Court of Appeals Case No:  04-4145
   District of South Dakota   
   [PUBLISHED] [Loken, Author, with Lay and Smith, Circuit Judges]
Civil case - civil rights. Plaintiff Tribes were not entitled to attorneys' fees as they were not prevailing parties on their Religious Land Use and Institutionalized Persons Act and Religious Freedom Restoration Act claims; the Tribes achieved their desired relief - to halt construction of a shooting range near a sacred location - because of regulatory action taken by HUD for reasons unrelated to the Tribes' claims and because of the voluntary decision of the other defendants to abandon the project.