CONOCO, INC. v. SHOSHONE AND ARAPAHOE TRIBES

Nos. C80-0181-K, C80-208-K.

569 F.Supp. 801 (1983)

CONOCO INC., a Delaware corporation, Phillips Petroleum Company, a Delaware corporation, Atlantic Richfield Company, a Pennsylvania corporation, Gulf Oil Corporation, a Pennsylvania corporation, the Superior Oil Company, a Nevada corporation, Marathon Oil Company, an Ohio corporation, Chevron U.S.A. Inc., a California corporation, Plaintiffs, v. SHOSHONE AND ARAPAHOE TRIBES, Robert N. Harris, Sr., Chairman and Frank L. Enos, Enos J. Enos, Benjamin Snyder, Sr., Alfred Ward, and Wesley L. Martel, members of the Shoshone Business Council; Joseph Oldman, Chairman, and Ernest Hanway, Burton Hutchingson, Patrick Goggles, Wayne Felter and Eugene Ridgeley, Sr., members of the Arapahoe Business Council and James G. Watt, Secretary of the Interior, Defendants, and Getty Oil Company and Shell Oil Company, Intervenors. AMOCO PRODUCTION COMPANY, a corporation, Plaintiff, v. Robert N. HARRIS, Sr., Chairman, and Frank L. Enos, Enos J. Enos, Star Weed, Alfred Ward and Wesley L. Martel, Members of the Shoshone Business Council; Joseph Oldman, Chairman, and Ernest Hanway, Burton Hutchingson, Patrick Goggles, Wayne Felter and Eugene Ridgeley, Sr., members of the Arapahoe Business Council, James G. Watt, Secretary of the Interior, Defendants, and Shoshone and Arapahoe Tribes of the Wind River Reservation, Intervenors.

United States District Court, D. Wyoming.

August 31, 1983.


Attorney(s) appearing for the Case

Houston Williams, Williams, Porter, Day & Neville, Casper, Wyo., Thomas H. Burton, Conoco Inc., Houston, Tex., and Paul B. Godfrey and James L. Huemoeller, Godfrey & Sundahl, Cheyenne, Wyo., for plaintiffs.

Reid Chambers, Sonosky, Chambers, Sachse & Guido, Washington, D.C., Scott McElroy, Fredericks & Pelcyger, Boulder, Colo., and John Masters, Dray, Madison & Thomson, Cheyenne, Wyo., for Tribal defendants.


MEMORANDUM OPINION

KERR, District Judge.

These cases arise from an oil and gas severance tax imposed by the Shoshone and Arapahoe Tribes upon oil companies producing oil and gas from land leased on the Wind River Indian Reservation. The specific facts giving rise to the case and the proceedings up to this point are set forth below.

The Shoshone and Arapahoe Tribes are federally recognized Indian tribes...

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