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BANK OF OKLAHOMA v. MUSCOGEE (CREEK) NATION

Nos. 91-5017, 91-5018.

972 F.2d 1166 (1992)

BANK OF OKLAHOMA, National Association, Plaintiff-Appellant, v. MUSCOGEE (CREEK) NATION; Indian Country USA, Inc., Defendants-Appellees. BANK OF OKLAHOMA, National Association, Plaintiff-Appellee, v. MUSCOGEE (CREEK) NATION, Defendant-Appellee, Indian Country USA, Inc., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 13, 1992.

Attorney(s) appearing for the Case

Marilyn M. Wagner (C.S. Lewis, III, with her on the briefs) of Robinson, Lewis, Orbison, Smith & Coyle, Tulsa, Okl., for plaintiff-appellant/cross-appellee Bank of Oklahoma.

Roger P. Cox (Gregory D. Barton with him on the briefs) of Harding & Ogborn, Lincoln, Neb., for defendant-appellant Indian Country, U.S.A., Inc.

G. William Rice (N. Brent Parmer and Gregory H. Bigler with him on the brief) of G. William Rice, P.C., Cushing, Okl., for defendant-appellee Muscogee (Creek) Nation.

Before McKAY, Chief Judge, LOGAN and BALDOCK, Circuit Judges.

McKAY, Chief Judge.

These cases arise from an interpleader action filed by Bank of Oklahoma ("the Bank") against Muscogee (Creek) Nation ("the Nation") and Indian Country U.S.A., Inc. ("ICUSA"). ICUSA has cross-claimed against the Nation. The district court dismissed both the interpleader and the cross-claim based on the Nation's sovereign immunity and requirements that the parties exhaust remedies available through tribal courts. We affirm for substantially the reasons...

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