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AMOCO PRODUCTION CO. v. JICARILLA APACHE TRIBE

No. 82-1502.

842 F.2d 1200 (1988)

AMOCO PRODUCTION COMPANY and Marathon Oil Company, Plaintiffs-Appellants, v. JICARILLA APACHE TRIBE, Jicarilla Apache Tribal Council, Gwendolyn Velarde, Treasurer of the Jicarilla Apache Tribe, James G. Watt, Secretary of the Interior, Antonio L. Martinez, Director, Oil & Gas Accounting Division, Taxation and Revenue Department, State of New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 24, 1988.

Attorney(s) appearing for the Case

John R. Cooney of Modrall, Sperling, Roehl, Harris & Sisk, P.A. (Mark B. Thompson, III, with him on the briefs), Albuquerque, N.M., for plaintiffs-appellants.

Robert J. Nordhaus of Nordhaus, Haltom & Taylor, Albuquerque, N.M., for defendants-appellees Jicarilla Apache Tribe, Jicarilla Apache Tribal Council and Gwendolyn Velarde, Treasurer of the Jicarilla Apache Tribe.

Martin W. Matzen, Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., William L. Lutz, U.S. Atty., and Raymond Hamilton, Asst. U.S. Atty., Albuquerque, N.M., and Jacques B. Gelin, Dept. of Justice, Washington, D.C., with him on the brief), for defendant-appellee Secretary of Interior.

Paula Forney-Thompson, Asst. Atty. Gen., Taxation and Revenue Dept. (Denise D. Fort, Asst. Atty. Gen., Taxation and Revenue Dept., on the brief), Santa Fe, N.M., for defendant-appellee Antonio L. Martinez.

Before SEYMOUR and SETH, Circuit Judges, and CHILSON, District Judge.

SETH, Circuit Judge.

This appeal comes to us on a denial by the trial court of motions to reinstate a complaint in a case which was originally tried and appealed to this court, reviewed by the Supreme Court, returned to us and remanded to the trial court. The movants then filed the motion to "reinstate" their complaints and attached amended complaints.

This matter was originally tried on complaints filed by the Amoco Production Company and Marathon Oil Company...

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