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KIOWA INDIAN TRIBE OF OKLAHOMA v. HOOVER

Nos. 96-6278, 96-6401.

150 F.3d 1163 (1998)

KIOWA INDIAN TRIBE OF OKLAHOMA, a federally recognized Indian Tribe, Plaintiff-Appellant, v. Robert M. HOOVER, Jr., an individual; Aircraft Equipment Company, a joint venture formed under the laws of Oklahoma; John M. Amick, in his capacity as a District Judge, State of Oklahoma; James B. Blevins, in his capacity as a District Judge, State of Oklahoma; Carolyn R. Ricks, in her capacity as a District Judge, State of Oklahoma, Defendants-Appellees,

United States Court of Appeals, Tenth Circuit.

July 13, 1998.

Attorney(s) appearing for the Case

R. Brown Wallace (Shelia D. Tims with him on the briefs) of Andrews Davis Legg Bixler Milsten & Price, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Neal Leader, Senior Assistant Attorney General, Oklahoma City, Oklahoma, for Defendants-Appellees John M. Amick, James B. Blevins and Carolyn R. Ricks.

William J. Robinson of Shirk, Work & Robinson, P.C., Oklahoma City, Oklahoma, for Defendants-Appellees Robert M. Hoover, Jr., and Aircraft Equipment Company.

Before BRORBY and McWILLIAMS, Circuit Judges, and BLACK, District Judge.

BRORBY, Circuit Judge.

This is a consolidated appeal of the dismissal of a 42 U.S.C. § 1983 suit brought by the Kiowa Tribe of Oklahoma (Kiowa or the Tribe) and the earlier denial of the Tribe's request for a preliminary injunction related to that action. The § 1983 action alleged multiple violations of the Tribe's rights, privileges and immunities, including the right and privilege to have its commerce regulated pursuant to federal law, the right and privilege...

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