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BRUNER v. U.S.

No. 02-CV-504-H(C).

340 F.Supp.2d 1204 (2004)

Richard BRUNER, Jr. and Betty K. Bruner, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Oklahoma.

August 16, 2004.

Attorney(s) appearing for the Case

James Rouse Hicks, Ronald Joseph Saffa, Reece Boone Morrel, Paul R. Hodgson, Morrel West Saffa Craige & Hicks Inc., Tulsa, OK, Arthur R. Miller, Cambridge, MA, for Plaintiffs.

Robert D. Metcalfe, Teresa Dondlinger Trissell, US Department of Justice Tax Division, Washington, DC, for Defendant.

ORDER

HOLMES, Chief Judge.

This matter comes before the Court for a determination of whether a statute duly enacted by the United States Congress is enforceable under the Constitution of the United States. That statute, Section 3 of the Act of Congress dated May 10, 1928, 45 Stat. 495, provides in applicable part as follows:

That all minerals, including oil and gas, produced on or after April 26, 1931, from restricted allotted lands of members...

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