Miriam C. Montileaux v. The Diocese of South Dakota, No. 21-1570 (8th Cir. 2021)

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Court Description: [Per Curiam - Before Loken, Kelly, and Erickson, Circuit Judges] Civil case - Indian law. Dismissal affirmed without comment. [ July 23, 2021 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1570 ___________________________ Miriam C. Montileaux; Charles T. Montileaux, Sr., individually and as special administrator of the estate of Cheryl Montileaux and Charles T. Montileaux, Jr.; Naomi Montileaux lllllllllllllllllllllPlaintiffs - Appellants Cheryl Montileaux, Deceased; Charles T. Montileaux, Jr., Deceased lllllllllllllllllllllPlaintiffs v. The Diocese of South Dakota, Episcopal; Chapter of Calvary Cathedral, Holding Company for Diocese; Jonathan Folts, The Right Reverend; Randy Reinartz, Bishop; Trustee First National Bank, in Sioux Falls, South Dakota; Tom Benz, Employee; Alan Meyers, of Wealth Management Dept.; Bob Baker, President of Bank; Chris Ekstrum lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of South Dakota - Western ____________ Submitted: July 21, 2021 Filed: July 26, 2021 [Unpublished] ____________ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Appellants, who are members of the Montileaux family and the Oglala Sioux Tribe, brought this action claiming violations of the Treaty of Fort Laramie of 1868. The district court1 dismissed the action without prejudice for lack of subject matter jurisdiction, and the Montileauxs now appeal. After careful review of the record and the parties’ arguments on appeal, we conclude that dismissal was proper for the reasons explained by the district court. See Buckler v. United States, 919 F.3d 1038, 1044 (8th Cir. 2019) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. -2-

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