DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

081441P.pdf   05/06/2010  Yankton Sioux Tribe  v.  Scott Podhradsky
   U.S. Court of Appeals Case No:  08-1441
                          and No:  08-1488
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Murphy, Author, with Melloy and Shepherd, Circuit Judges]
   Civil case - Indian Law. This opinion amends the court's opinion of
   August 25, 2009.
   The district court's judgment is affirmed insofar as it concluded that the
   agency trust lands, the outstanding allotments and the IRA trust lands are
   part of the Yankton Sioux Reservation and are Indian country under 18
   U.S.C. Sec. 1151(a); the court's alternative holding that the
   miscellaneous trust lands constitute a dependent Indian community and
   are Indian country under 1151(b) is also affirmed; the district court's
   holding that fee lands continuously held in Indian ownership are
   reservation under 18 U.S.C. Sec. 1151(a) is vacated.
  
081441P.pdf   08/25/2009  Yankton Sioux Tribe  v.  Scott Podhradsky
   U.S. Court of Appeals Case No:  08-1441
                          and No:  08-1488
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Murphy, Author, with Melloy and Shepherd, Circuit Judges]
   Civil case - Indian law. For the court's prior opinion in the matter, see
   Yankton Sioux Tribe v. Gaffey, 188 F.3d 1010 (8th Cir. 1999), cert.
   denied, 530 U.S. 1261 (2000). On remand, the district court did not err
   insofar as it concluded that agency trust lands, the outstanding allotments,
   and the IRA trust lands are part of the Yankton Sioux Reservation and are
   Indian country under 18 U.S.C. Sec. 1151(a); nor did the court err in
   making an alternative holding that the miscellaneous trust lands
   constitute an independent Indian community and are Indian country under
   18 U.S.C. 1151(b); the court erred in holding that the fee lands
   continuously held in Indian ownership are reservation under 18 U.S.C.
   Sec. 1151(a) as the record regarding these lands is not ripe for review.