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RED BIRD v. BERRY

No. 73-19-D.

371 F.Supp. 730 (1973)

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

United States District Court, W. D. Oklahoma.

May 17, 1973.

Attorney(s) appearing for the Case

Vincent 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 Motion of the Plaintiffs To Vacate Order Denying Three-Judge Court And To Convene Three-Judge Court is denied.

In their Complaint filed herein Plaintiffs first contend that 38 Oklahoma Statutes 18 is unconstitutional on its face because it provides for State Court jurors to be selected from county tax lists and Plaintiffs, as Indians and representatives of their class, live on tax-exempt land, by reason whereof they...

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