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YODER v. ASSINIBOINE AND SIOUX TRIBES OF FORT PECK IND. RES.

No. 19155.

339 F.2d 360 (1964)

G. W. YODER, Chairman, Ted Hawley, Vice Chairman, E. L. Anderson, Member, Allen Zimmerman, Member, Winston Cox, Member, of the Oil and Gas Conservation Commission of the State of Montana, Appellants, v. ASSINIBOINE AND SIOUX TRIBES OF the FORT PECK INDIAN RESERVATION, MONTANA, William Youpee, a Member of the Assiniboine and Sioux Tribes of the Fort Peck Reservation on Behalf of Himself and All Members of the Tribes, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 13, 1965.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., of Montana, John H. Risken, Helena, Mont., for appellants.

Marvin J. Sonosky, John S. White, Washington, D. C., and John M. Schiltz, Billings, Mont., for appellees.

A. Pratt Kesler, Atty. Gen., for Utah, and Ronald N. Boyce, Chief Asst. Atty. Gen., Salt Lake City, Utah, for amicus curiae state of Utah.

John F. Raper, Atty. Gen., for Wyoming, Helgi Johanneson, Atty. Gen., for North Dakota, R. L. Smith, Chairman, Nebraska Oil & Gas Conservation Comm., Samuel R. Freeman, Asst. Atty. Gen., of Colorado, for the Colorado Oil & Gas Conservation Comm., all amici curiae.

Allan G. Shepard, Atty. Gen., and Stephen W. Boller, Asst. Atty. Gen., for State of Idaho, Boise, Idaho, amicus curiae state of Idaho.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

By this suit the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in Montana (the "Tribes") sought an injunction to restrain the Montana Oil and Gas Conservation Commission (the Commission) from enforcing its order "pooling" lands owned by the Tribes with lands of the Calvert Exploration Company, in order to form a "spacing unit" in which to drill an oil and gas well.

The Tribes, predicating jurisdiction of the district...

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