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SAC AND FOX NATION v. HANSON

No. 93-5186.

47 F.3d 1061 (1995)

SAC AND FOX NATION, Plaintiff-Appellee, v. Honorable Orvan J. HANSON, Jr., Associate District Judge, Ottawa County; Ronald Fixico; Merle Boyd; Jack Thorpe; James Branum, Defendants, and Bruce Willingham, Tom Gray, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 14, 1995.

Attorney(s) appearing for the Case

G. William Rice, Rice, Withiam, Parmer & Bigler, Cushing, OK (Gregory H. Bigler, with him on the briefs), for plaintiff-appellee.

Samuel C. Stone (R. Brent Blackstock, with him on the briefs) of Stone Jessup, P.C., Tulsa, OK, for defendants-appellants.

Before TACHA, FAIRCHILD, and LOGAN, Circuit Judges.

TACHA, Circuit Judge.

The Sac and Fox Nation ("the Nation"), a federally recognized tribe of Native Americans residing in Oklahoma, brought suit in district court under 28 U.S.C. § 1362. Claiming sovereign immunity, the Nation sought to enjoin an Oklahoma state court proceeding in which defendants had filed third-party suits against the Nation. Both parties filed motions for summary judgment, and the district court ruled in favor of defendants. After the Nation...

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