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Published May 29, 2013, 11:28 AM

Appeals court upholds decision on Sioux lawsuit

GRAND FORKS, N.D. (AP) — A federal appeals court on Wednesday upheld a judge's decision to throw out a lawsuit by some tribal members over the University of North Dakota's now-retired Fighting Sioux nickname.

GRAND FORKS, N.D. (AP) — A federal appeals court on Wednesday upheld a judge's decision to throw out a lawsuit by some tribal members over the University of North Dakota's now-retired Fighting Sioux nickname.

The 8th U.S. Circuit Court of Appeals said the suit filed against the NCAA failed to show that the governing body of college athletics "acted with discriminatory intent" when it banned the use of American Indian names and imagery in postseason competition.

Minot attorney Reed Soderstrom represented the tribal members. He told the Grand Forks Herald that he's not surprised by the ruling.

"I have no regrets," he said. "I wish I could have done more. I just hope history records everything accurately, common sense will become common again and maybe this will surface again.

Sharon Carson, a UND professor who has worked with campus committees seeking to retire the Fighting Sioux nickname and logo, welcomed the decision. However, she said there was no victory in the decision.

"Nobody feels good about seeing people disappointed," she said,

State voters in June 2012 overwhelmingly endorsed retirement of the nickname. The state has imposed a moratorium on a new nickname until 2015.

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