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ASSINIBOINE AND SIOUX TRIBES v. CALVERT EXPLORATION CO.

Civ. No. 2367.

223 F.Supp. 909 (1963)

ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK INDIAN RESERVATION, MONTANA, William Youpee, a Member of the Assiniboine and Sioux Tribes of the Fort Peck Reservation on Behalf of Himself and All Members of the Tribes, Plaintiffs, v. CALVERT EXPLORATION COMPANY, G. W. Yoder, Chairman, Ted Hawley, Vice Chairman, E. L. Anderson, Member, Allen Zimmerman, Member, Winston L. Cox, Member of the Oil and Gas Conservation Commission of the State of Montana, Defendants.

United States District Court D. Montana, Havre-Glasgow Division.

November 27, 1963.

Attorney(s) appearing for the Case

Marvin J. Sonosky, and John S. White, Washington, D. C., and Wiggenhorn, Hutton, Schiltz & Sheehy, Billings, Mont., for plaintiffs.

Forrest H. Anderson, Atty. Gen., of Montana, and John H. Risken, Commission Atty., Helena, Mont., for defendant members of the Montana Oil and Gas Conservation Commission.

JAMESON, District Judge.

This is an action by two Indian tribes to enjoin Calvert Exploration Company from proceeding under an order of the Montana Oil and Gas Conservation Commission insofar as the order affects two tribal oil and gas leases and the oil and gas underlying those leases, and to enjoin the individual members of the Commission from enforcing the Commission's order or any other order affecting the tribal leases. The facts are stipulated in a pretrial...

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