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NATION v. STATE EX REL. OKLAHOMA TAX COMMISSION

No. 01-CV-516-JHP-FHM.

597 F.Supp.2d 1250 (2009)

OSAGE NATION, Plaintiff, v. State of OKLAHOMA ex rel. OKLAHOMA TAX COMMISSION; Thomas E. Kemp, Jr., Chairman of the Oklahoma Tax Commission; Jerry Johnson, Vice-Chairman of the Oklahoma Tax Commission; Don Kilpatrick, Secretary-Member of the Oklahoma Tax Commission, Defendants.

United States District Court, N.D. Oklahoma.

January 23, 2009.

Attorney(s) appearing for the Case

Gary Stanley Pitchlynn, Olin Joseph Williams, Stephanie Elaine Moser Goins, Pitchlynn & Williams, P.A., Norman, OK, for Plaintiff.

Douglas B. Allen, Sean R. McFarland, Guy Lee Hurst, Oklahoma Tax Commission, Oklahoma City, OK, Lynn Heyer Slade, William Clayton Scott, Modrall Sperling Roehl Harris & Sisk PA, Albuquerque, NM, for Defendants.

ORDER

JAMES H. PAYNE, District Judge.

Now before the Court is Defendants' Motion for Summary Judgment (Dkt. # 79). Defendants initially filed a motion to dismiss (Dkt. # 72), under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) arguing: (1) the Court lacks subject matter jurisdiction over the Nation's claim for a judicial determination as to reservation status; and (2) the Nation has failed to adequately state a claim upon which relief may be granted. The Court...

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