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SANGUINE, LTD. v. UNITED STATES DEPT. OF INTERIOR

No. 82-1030.

736 F.2d 1416 (1984)

SANGUINE, LTD., Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF the INTERIOR, Bureau of Indian Affairs, United States Geological Survey, Stanley Speaks, and F.L. Stelzer, Defendants-Appellees, Delra M. Toohey, Mae Lamar Davis, Imogene Birch, Eva Lois Warden, Richard Guy, Wildena F. Guy Moffer, Willard B. Guy, Berdena Holder and Ronnie F. Birch, Sr., Movants-In-Intervention Appellants.

United States Court of Appeals, Tenth Circuit.

June 15, 1984.

Attorney(s) appearing for the Case

Patricia L. Brown, Washington, D.C. (John Michael Facciola, of Wilkinson, Cragun & Barker, Washington, D.C., and Jap W. Blankenship of Fellers, Snider, Blankenship, Bailey & Tippins, Oklahoma City, Okl., of counsel, with her on the brief), for movants-in-intervention appellants.

Kent L. Jones, Tulsa, Okl. (James C.T. Hardwick and Mark K. Blongewicz, Tulsa, Okl., with him on the brief) of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Tulsa, Okl., for plaintiff-appellee Sanguine, Ltd.

Thomas H. Pacheco, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., John E. Green, Acting U.S. Atty., Roger Stuart, Asst. U.S. Atty., Oklahoma City, Okl., and Laura Frossard, Atty., Dept. of Justice, Washington, D.C., on the brief), for defendants-appellees.

Before DOYLE and LOGAN, Circuit Judges, and CHILSON, District Judge.

LOGAN, Circuit Judge.

This is an appeal from the district court's denial of a motion for intervention as of right under Fed.R.Civ.P. 24(a)(2) and for permissive intervention under Fed.R.Civ.P. 24(b). Because we hold that appellants were entitled to intervene as of right, we do not discuss the permissive intervention issue.

Appellants, nine members of the Wichita and Affiliated Tribes of Oklahoma, own restricted Indian lands in western Oklahoma. Pursuant to...

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