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SAC & FOX TRIBE OF I. OF OKL. v. APEX CONST.

No. 83-1374.

757 F.2d 221 (1985)

The SAC AND FOX TRIBE OF INDIANS OF OKLAHOMA, and the United States of America ex rel. G. William Rice on behalf of The Sac and Fox Tribe of Indians of Oklahoma, Plaintiffs-Appellants, v. APEX CONSTRUCTION COMPANY, INC., a corporation; Breisch Engineering Company, Inc., a corporation; and Oklahoma Surety Company, a corporation, Defendants-Appellees, and Western Construction Company of Oklahoma, Inc., a corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

March 11, 1985.

Attorney(s) appearing for the Case

F. Browning Pipestem, Norman, Okl. (G. William Rice, Norman, Okl., with him on brief), for plaintiffs-appellants.

John B. Hayes of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., for defendants-appellees Apex Const. Co., Inc. and Okl. Sur. Co.

J. Jayne Jarnigan, Oklahoma City, Okl. (Gregory L. Mahaffey, Oklahoma City, Okl., on brief), of Mahaffey, Gore & Brickell, P.C., Oklahoma City, Okl., for defendant-appellee Breisch Engineering Co., Inc.

Before McKAY, SETH and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs appeal from the dismissal of their complaint for failure to state a claim under 25 U.S.C. § 81 (1982). We affirm the judgment of the district court.

In 1977, the Sac and Fox Indian Tribe of Oklahoma won a grant from the Economic Development Administration (EDA) of the Department of Commerce for the purpose of building a museum and cultural center upon land held in trust for the Tribe by the United States. The Tribe employed...

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