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STATE OF OKL. EX REL. OKLAHOMA TAX COM'N v. GRAHAM

No. 86-1655.

822 F.2d 951 (1987)

STATE OF OKLAHOMA ex rel. OKLAHOMA TAX COMMISSION, Plaintiff-Appellant, v. Jan GRAHAM and Chickasaw Nation, By and Through Overton James, Governor of the Chickasaw Nation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 26, 1987.

Attorney(s) appearing for the Case

Robert C. Jenkins (J. Lawrence Blankenship with him on the briefs), Oklahoma City, Okl., for plaintiff-appellant.

Bob Rabon of Kile and Rabon, Hugo, Okl., for defendants-appellees.

Before SEYMOUR, MOORE and TACHA, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The State of Oklahoma ex rel. Oklahoma Tax Commission (State or appellant) appeals the district court's denial of its motion to remand and subsequent granting of the motion to dismiss filed by defendants Jan Graham and the Chickasaw Nation (Chickasaw Nation collectively or the Tribe). In its first order, the United States District Court for the Eastern District of Oklahoma held that removal was...

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