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TWO SHIELDS v. WILKINSON

No. 13-3773.

790 F.3d 791 (2015)

Ramona TWO SHIELDS; Mary Louise Defender Wilson, individually and on behalf of others similarly situated Plaintiffs-Appellants, v. Spencer WILKINSON, Jr.; Rick Woodward; Robert Zinke; Dakota-3 E & P Company, LLC, Now known as WPX Energy Williston, LLC; Zenergy, Inc.; Dakota-3, LLC; Dakota-3 Energy, LLC; Zenergy Properties 6 Ft. Berthold Allottee, LLC; John Doe, Defendants-Appellees. Indigenous Law and Policy Center Amicus on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 12, 2015.

Attorney(s) appearing for the Case

Kenneth E. McNeil , argued, Houston, TX ( John M. Olson , Bismark, ND, Mario Gonzalez , Rapid City, SD, Kenneth E. McNeil , Shawn L. Raymond , Houston, TX, Andres Healy, Seattle, WA, on the brief) for appellant.

Kathryn Fort , Matthew L.M. Fletcher , East Lansing, MI, for amicus brief of Indigenous Law and Policy Center in support of appellants.

Van H. Beckwith , argued, Dallas, TX ( David S. Maring , Bismarck, ND, James U. White, Jr. , Tom Q. Ferguson , Stuart D. Campbell , Tulsa, OK, Daniel Mead McClure , Matthew Alexander Dekovich , Houston, TX, Mark Simeon Barron, of Denver, CO, Jared R. Boyer , Jodi Warmbrod Dishman , Ronald Theodore Shinn, Jr. , Oklahoma City, OK, Van H. Beckwith , Jessica Bateman Pulliam , Dallas, TX, on the brief) for appellee.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

Appellants Ramona Two Shields and Mary Louise Defender Wilson are Indians with interests in land allotted to them by the United States under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Two Shields and Defender Wilson leased oil and gas mining rights on their allotments...

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