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DAVIS v. U.S.

No. 98-6161.

192 F.3d 951 (1999)

Sylvia DAVIS, as Guardian and Next Friend for Donnell E. Davis; Dosar-Barkus Band of the Seminole Nation of Oklahoma; Bruner Band of The Seminole Nation of Oklahoma, Plaintiffs-Appellants, v. UNITED STATES of America; Department of Interior; Bureau Of Indian Affairs; Bruce Babbitt, The Honorable Secretary of the Interior, his agents, employees, and successors; Ada Deere, Assistant Secretary of the Interior for Indian Affairs, her agents, employees, and successors; Roy Willis, Acting Superintendent, Bureau of Indian Affairs, Wewoka Agency; Jim Fields, Acting Superintendent, Bureau of Indian Affairs, Muskogee Agency, his agents, employees, and successors, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 21, 1999.

Attorney(s) appearing for the Case

Franklin B. Velie, of Christy & Viener, New York, New York, (Mark A. Strauss, of Christy & Viener; William P. Velie, Jonathan T. Velie and Robert Clark of Velie & Rockett, Norman Oklahoma, with him on the briefs) for Appellants.

Tamara N. Rountree, Attorney, Department of Justice, Washington, D.C., (Lois J. Schiffer, Assistant Attorney General; Arvo Q. Mikkanen, Margaret M. Sweeney, and Elizabeth Ann Peterson, Attorneys, Department of Justice, Washington, D.C.; Susan K. Ehlen, Charles R. Babst, Jr., U.S. Department of the Interior, Office of the Solicitor, Tulsa Field Solicitor's Office, Tulsa, Oklahoma, with her on the brief), for Appellees.

Before and Circuit Judges.

MURPHY, Circuit Judge.

This appeal was brought by the Dosar Barkus Band of the Seminole Nation of Oklahoma; the Bruner Band of the Seminole Nation of Oklahoma; and Sylvia Davis, a member of the Dosar Barkus Band, on behalf of her minor child (collectively "Plaintiffs"). Defendants are the United States, the Department of the Interior, the Bureau of Indian Affairs (the "BIA"), and numerous administrators and employees of the...

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