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PETROGULF CORP. v. ARCO OIL & GAS CO.

No. CIV.A. 00-B-34.

92 F.Supp.2d 1111 (2000)

PETROGULF CORPORATION, Plaintiff, v. ARCO OIL & GAS COMPANY, and Vastar Resources, Inc., Defendants.

United States District Court, D. Colorado.

April 5, 2000.

Attorney(s) appearing for the Case

Keith D. Tooley, Brian S. Tooley, Welborn,, Sullivan, Meck & Tooley, P.C., Denver, CO, for Plaintiff.

Peter A. Bjork, John P. Baker, David Little, Bjork, Linkley, Danielson & Baker, P.C., Denver, CO, Thomas P. Dugan, Dugan & Rasure, P.C., Durango, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants move pursuant to Rules 12(b)(1) and 12(b)(6) to dismiss plaintiff's Complaint for failure to exhaust tribal court remedies. The motion is adequately briefed and oral argument will not materially aid its resolution. For the reasons set forth below, I construe defendants' motion to dismiss as one for dismissal without prejudice, and grant the motion. Jurisdiction is asserted under 28 U.S.C. ...

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