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UTE DISTRIBUTION CORP. v. SECRETARY OF INTERIOR OF U.S.

Civil No. 95-C-376 W.

934 F.Supp. 1302 (1996)

UTE DISTRIBUTION CORPORATION, a Utah Corporation, Plaintiff, v. SECRETARY OF the INTERIOR OF the UNITED STATES, in His Official Capacity; and His Agents and Employees and Those Working in Concert With Him, and the Ute Indian Tribe, Defendants.

United States District Court, D. Utah, Central Division.

July 26, 1996.

Attorney(s) appearing for the Case

Max D. Wheeler and Camille N. Johnson, Snow, Christensen & Martineau, Salt Lake City, UT, for Plaintiff.

Robert S. Thompson, III, Sandra Hansen, Fort Duchese, UT, John R. Lehmer, D'Elia & Lehmer, Park City, UT, for Defendant Ute Indian Tribe.

Stephen Roth, Asst. U.S. Attorney, Salt Lake City, UT, William R. McConkie, U.S. Dept. of the Interior, Salt Lake City, UT, for Defendant Secretary of the Interior.

Marc T. Wangsgard, Williams & Hunt, Salt Lake City, UT.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT UTE INDIAN TRIBE'S MOTION TO DISMISS

WINDER, Chief Judge.

This matter is before the court on Defendant Ute Indian Tribe's Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b) which was argued on June 5, 1996. At the hearing, plaintiff Ute Distribution Corporation was represented by Max D. Wheeler and Camille N. Johnson, defendant Ute Indian Tribe was represented by Robert S. Thompson, III and John R. Lehmer, and...

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