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LOGAN v. ANDRUS

No. 79-1294.

640 F.2d 269 (1981)

Leroy LOGAN et al., Plaintiffs-Appellants, v. Cecil D. ANDRUS, Secretary of the Interior et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided February 3, 1981.

Attorney(s) appearing for the Case

Walter R. Echo-Hawk, Boulder, Colo., for plaintiffs-appellants.

Gail Osherenko, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., C. David Redmon and Carl Strass, Attys., Dept. of Justice, Washington, D. C., Hubert H. Bryant, U. S. Atty., and Hubert A. Marlow, Asst. U. S. Atty., Tulsa, Okl., with her on the brief; Scott Keep, Asst. Sol., Dept. of the Interior, Washington, D. C., of counsel), for Appellees Secretary of the Interior and Commissioner of Indian Affairs.

Ralph R. Adkisson, Tulsa, Okl. (D. E. Martin, Tulsa, Okl., with him on the brief), for Appellee Osage Tribal Council.

Before SETH, Chief Judge, McKAY, Circuit Judge, and CHRISTENSEN, District Judge.

SETH, Chief Judge.

This action was started by appellant Logan and six other persons who assert they are Osage Indians and who each own headrights or shares in the Osage mineral estate. The defendants are the Secretary of the Interior, the Commissioner of Indian Affairs, and also the Osage Tribal Council which the trial court joined as a necessary party defendant.

The complaint sought declaratory relief in a relatively narrow area. This was a declaration that...

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