United States Court of Appeals
For the Eighth Circuit
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No. 21-1570
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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
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: July 21, 2021
Filed: July 26, 2021
[Unpublished]
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Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
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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.
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1
The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
-2-