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COTTON PETRO. CORP. v. U.S. DEPT. OF INTERIOR ETC.

No. 87-1191.

870 F.2d 1515 (1989)

COTTON PETROLEUM CORPORATION and Shell Oil Company, Plaintiff-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR, BUREAU OF INDIAN AFFAIRS; Kenneth L. Smith, Assistant Secretary, Indian Affairs; Rupert Thompson, Superintendent, Anadarko Agency; Newton Rose, Winston Rose, Wesley Rose, Nelson Rose, Theodosia Harris, and John Rose, Defendant-Appellees.

United States Court of Appeals, Tenth Circuit.

March 20, 1989.

Attorney(s) appearing for the Case

Kent L. Jones (Orval E. Jones, with him on the brief) of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Inc., Tulsa, Okl., for plaintiff-appellants.

Dirk D. Snel (F. Henry Habicht, II, Asst. Atty. Gen., and Laura E. Frossard, Department of Justice, with him on the brief; J. McLane Layton, Office of the Sol., Dept. of the Interior, of counsel, with him on the brief), Dept. of Justice, Washington, D.C., for federal defendant-appellees.

Patricia L. Brown (Jap W. Blankenship of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., of counsel, with her on the brief) of Wilkinson, Barker, Knauer & Quinn, Washington, D.C., for Rose defendant-appellees.

Before McKAY, BARRETT and EBEL, Circuit Judges.

BARRETT, Senior Circuit Judge.

Cotton Petroleum Corporation and Shell Oil Company, hereinafter jointly referred to as Cotton or lessee, appeal from the district court's order denying their motion to amend the court's order granting summary judgment unto the defendants, United States Department of the Interior, et al., and Newton Rose, et al. All parties filed motions for summary judgment. The parties agree that the material facts are uncontroverted. Our jurisdiction...

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