Crazy Horse beer case dismissed

Rapid City Journal ^ | January 8, 2004 | Dennis Gale, Associated Press Writer

[Land_of_Lincoln_John]

SIOUX FALLS — Negotiations are under way to settle a decade-old court case that claimed a New York brewer used the name of Sioux warrior Crazy Horse on a brand of malt liquor without permission.

On Tuesday, U.S. District Judge Lawrence Piersol dismissed the lawsuit and gave both sides until Feb. 9 to reopen the case if settlement talks don't bear fruit.

"I believe it's the right thing to do," Seth H. Big Crow, administrator of the Crazy Horse estate, said of the pending settlement.

"To me, the idea is to preserve the name" of Crazy Horse, he said.

The case had been scheduled to go to trial next week.

The dispute began in 1992 when Hornell Brewing Co. of Brooklyn, N.Y., bottled "The Original Crazy Horse Malt Liquor." Sales began in March 1992.

In 1993, Crazy Horse's descendants sued the company in tribal court, but appellate courts ruled the case belonged in federal jurisdiction. The most recent suit was filed Oct. 30, 2000, in U.S. District Court in Sioux Falls. The Rosebud Sioux Tribe joined the Crazy Horse estate and Big Crow in the suit.

"In principle, it's settled," Robert Gough, attorney for the estate, said.

"We were encouraged by the court toward the end of last year" to reach a settlement, he said.

"It's the normal process of the federal court ... to see if there is a way to settle these things without going to court."

An amended complaint filed March 13, 2002, asked the court to stop Hornell from using the name or likeness of Crazy Horse to sell any product. The plaintiffs wanted a judge to order the malt-liquor products or containers to be collected and destroyed.

They also sought damages related to what Hornell has made from using Crazy Horse's name on their product, additional damages to compensate the family for emotional distress, punitive damages and other demands.

An attorney for Hornell could not be reached for comment Wednesday.

Gough said both sides will announce the results of settlement talks, probably later this month. "We're working the final details of what we believe will be a fair settlement."

Crazy Horse was an Oglala Sioux warrior who led the defeat of Lt. Col. George A. Custer at the Battle of the Little Bighorn on June 25, 1876.

Big Crow, 65, said his great-grandmother and Crazy Horse's mother were sisters.

He said Hornell must take the Crazy Horse name off the label and that if the settlement is not to his liking, the case will go back to court.

"If I'm not satisfied, we'll go for broke," Big Crow said in a telephone interview.

A tribal judge threw the original case out of tribal court in 1994, prompting an appeal to the Rosebud Supreme Court. In June 1996, the Rosebud court said the tribal court had jurisdiction.

In November 1997, Hornell asked a federal appeals court to take the lawsuit out of tribal court because the product never had been sold on the Rosebud Indian Reservation.

One of the defendants, SBC Holdings, settled with the estate in April 2001. John Stroh III, SBC chairman, read a letter of apology to the Crazy Horse descendants at a ceremony in Mission.

Big Crow said Crazy Horse Malt Liquor is still being sold. "They still have it on the market," he said.

[Protagoras]

He won't get it, you are wasting your breath.

Got any cheap cigarettes for sale? I likem injuns, most anyway. :^}

[labowski]

Hi Fish Hawk, what's your take on Leonard Peltier?

[Ruy Dias de Bivar]

**I guess they won't be making Crazy Horse Malt Liquor the official drink of the Pine Ridge Indian Reservation ***

It will make the manufacturers of alcohol based hair spray(aka Cheyenne Champagne) very happy.

[speedy]

Funny -- has that surpassed a cold bottle of Lectric Shave as the ersatz booze of choice on the reservation?

[-YYZ-]

Not to be too pedantic, but wouldn't that be a noun and an adjective? (although crazy could be used as a noun, it's normally used as an adjective, as is the case here)

[dead]

You're right. I had a friend in college named Crazy and that through me off. 8-)

[dead]

It threw me off too.

[fish hawk]

I know Leonard Peltier is guilty of a lot of things but not sure about the killing of those two agents. I think they already did ballistics and the bullets did not come from his gun. That's the word at least. Did you know he was hijacked out of Canada. They took him like the Israelis took Eikman (sp.) out of Argentina. His lawyers appealed but to no avail.

[labowski]

Yes, I think I remember something about him being taken illegally out of Canada. I might try and watch Incident at Oglala again tonight. I also recall two of the others charged were not convicted. I think his last chance at a pardon was with Clinton, and if Clinton wouldn't grant him a pardon I don't think he will get another chance. He is due for a parole hearing in Dec. 2008, but I doubt anything will change.

Are you familiar with John Trudell? I have one of his cd's, haven't heard much from him in a while, loved his Mohawk in Thunderheart though.

[fish hawk]

just looked up John Trudell, I never heard of him before. Looks interesting. One of my favorite groups is Brule. All indian band doing contemporary and old mixed together. Very good. Their CDs are One Nation and We the People. These are both really good.

[Ruy Dias de Bivar]

**Leonard Peltier **

Many of the American Indians in Oklahoma believe he is guilty as h@ll.

[breakem]

apparently his bribe offer to Clinton was not sufficient.

[fish hawk]

They "believe" he is guilty. Only "facts" should be considered here. And, do we really know the facts. If the government kidnapped him out of Canada , are we to believe everything they say about his guilt?

[GATOR NAVY]

Good ol' San Miguel Red Horse...

I remember that stuff! Tasted like crap but it had a pretty high alcohol content. Get you messed up fast.

[aruanan]

"To me, the idea is to preserve the name" of Crazy Horse, he said.

In other words, "To me, the idea is to make a pack of money off the name of Crazy Horse, and we want our cut."

[tongue-tied]

Yeah and a bottle that was so big, unless you slammed it you were forced to drink warm beer toward the end.

I used to love to stop in the small gift stores, ask for a beer (4 pesos there) and watch them chip the ice from the freezer to get at it. Man, those were the best and most refreshing beers of liberty.

[GATOR NAVY]

We never drank Red Horse in the PI. There was something about it that wasn't very good in the heat. I always remember drinking it in Okinawa.

In Subic right after Pinatubo there was almost no electricity and all the beer was on ice. It was great.

[rathole]

or swore at it... see my website at http://hometown.aol.com/rathole2331/red_horse.html
and learn what red horse is all about!

[RichInOC]

Malt liquor? That ain't right. If you're going to name a beer after Crazy Horse, it should at least be a good one.

[tongue-tied]

yep, that's the stuff. I've even washed down a balut with that crap. Of course, that was after several pitchers of mojo (mojo makes you smart!) and somewhere around 0130 in the Midnight Rambler Bar in Barretto. (Weirdly, I still remember the address for my leave papers...133 Natl Hiway, Barrio Barretto, Zambales P.I. The zip escapes me now, but I believe it was 2332)

Ah, the memories.