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DUNCAN ENERGY CO.v. THREE AFFILIATED TRIBES

No. 93-3622.

27 F.3d 1294 (1994)

DUNCAN ENERGY COMPANY; NBB Oil & Gas Partners (U.S.A.); Amerada Hess Corporation; Tyrex Oil Company; Turtle Mountain Gas & Oil, Inc., Appellees, v. THREE AFFILIATED TRIBES OF the FORT BERTHOLD RESERVATION; Three Affiliated Tribes Tribal Business Council; Three Affiliated Tribes Tax Commission; Wilbur D. Wilkinson Chairman, Tribal Business Council; Joseph J. Walker, Tax Commissioner, Marcus Wells, Jr., Director, Tribal Employment Rights Office, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1994.

Rehearing and Suggestion for Rehearing Denied July 19, 1994.

Attorney(s) appearing for the Case

Charles Allen Hobbs, of Washington, DC, argued, for appellant.

Brian Raymond Bjella, Bismarck, ND, argued, for appellee.

Before BEAM, LOKEN and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 19, 1994.*

BEAM, Circuit Judge.

Wilbur D. Wilkinson, Joseph J. Walker, and Marcus Wells, Jr., officers of the Three Affiliated Tribes of the Fort Berthold Reservation ("the Tribe"),1 appeal the district court's grant of summary judgment to various oil companies (hereinafter "Duncan Energy") challenging the Tribe's taxation and employment authority...

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