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CHEROKEE NATION v. MUSKOGEE CITY-COUNTY PORT AUTH.

No. 81-318-C.

555 F.Supp. 1015 (1983)

CHEROKEE NATION OF OKLAHOMA, Plaintiff, v. MUSKOGEE CITY-COUNTY PORT AUTHORITY, Defendant.

United States District Court, E.D. Oklahoma.

February 8, 1983.

Attorney(s) appearing for the Case

Paul M. Niebell, Washington, D.C., Michael S. Yaroschuk, Quechee, Vt., Earl Boyd Pierce, Fort Gibson, Okl., Andrew Wilcoxen, Muskogee, Okl., for plaintiff.

Mike Norman, Jon Tom Staton, Muskogee, Okl., Anthony G. Kaprelos, Tulsa, Okl., for defendant.

AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

SEAY, Chief Judge.

Both the plaintiff and the defendant have moved the court to grant partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Under Rule 56(c) summary judgment may be "rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits...

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