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RED BIRD v. BERRY

No. 73-19-D Civil.

371 F.Supp. 727 (1973)

Lyle RED BIRD et al., Plaintiffs, v. William A. BERRY, Justice, et al., Defendants.

United States District Court, W. D. Oklahoma, Civil Division.

May 17, 1973.

Attorney(s) appearing for the Case

Vincent L. Knight, Oklahoma City, Okl., Richard L. Young, Albuquerque, N. M., for plaintiffs.

Larry Derryberry, Atty. Gen., Paul C. Duncan, Robert H. Mitchell, Oklahoma City, Okl., for defendants.

ORDER

DAUGHERTY, Chief Judge.

The Court has under consideration the Defendants' Motion To Dismiss. The Plaintiffs oppose the Motion. All parties have submitted legal briefs.

Defendants' Motion is based on alleged (1) judicial immunity from suit, (2) Plaintiffs' failure to exhaust available State remedies, and (3) a request that this Court abstain.

The complaint raised herein by Plaintiffs is that they and their class are being systematically...

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