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MUSTANG PRODUCTION CO. v. HARRISON

Nos. 95-6287, 95-6292.

94 F.3d 1382 (1996)

MUSTANG PRODUCTION COMPANY, et al., Plaintiffs-Appellants, v. Alton HARRISON, et al., Defendants-Appellees. WARD PETROLEUM CORPORATION, Plaintiff-Appellant, v. Juanita LEARNED, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 23, 1996.

Attorney(s) appearing for the Case

Steven W. Bugg (Stanley L. Cunningham, with him, on the briefs), McAfee & Taft, Oklahoma City, Oklahoma, for Appellants.

Melody L. McCoy, Native American Rights Fund, Boulder, Colorado, for Appellees.

Elizabeth Anne Peterson, Attorney, Department of Justice (Lois J. Schiffer, Assistant Attorney General, Bradley Scott Bridgewater and Edward J. Shawaker, Attorneys, Department of Justice, and Barbara Coen, of counsel, Office of the Solicitor, with her, on the brief) for amicus curiae United States of America.

Before TACHA, McWILLIAMS, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

The issue in this case is whether the Cheyenne-Arapaho Tribes of Oklahoma ("the Tribes") may impose a severance tax on oil and gas production on allotted lands held in trust for their members. The appellants are nineteen oil and gas companies and one individual (collectively referred to as "Mustang") who hold oil and gas leases on the allotted lands. The appellees are members of the Business Committee and the Tax Commission, the tribal government...

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