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State of South Dakota, in Its Own Behalf, and as Parens Patriae v. Gregg Bourland, Personally and as Chairman of the Cheyenne River Sioux Tribe Dennis Rousseau, Personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, United States of America the States of Montana, Alabama, California, Colorado, Minnesota, North Dakota, Utah, Washington, and Wyoming, Amicus Curiae. State of South Dakota, in Its Own Behalf, and as Parens Patriae v. Gregg Bourland, Personally and as Chairman of the Cheyenne River Sioux Tribe Dennis Rousseau, Personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, United States of America the States of Montana, Alabama, California, Colorado, Minnesota, North Dakota, Utah, Washington, and Wyoming, Amicus Curiae, 39 F.3d 868