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OSAGE TRIBAL COUNCIL v. U.S. DEPT. OF LABOR

No. 97-9564.

187 F.3d 1174 (1999)

The OSAGE TRIBAL COUNCIL, on behalf of the OSAGE TRIBE OF INDIANS, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, Chris White, Intervenor.

United States Court of Appeals, Tenth Circuit.

August 4, 1999.

Attorney(s) appearing for the Case

F. Browning Pipestem (and Dena L. Silliman with him on the briefs), F. Browning Pipestem & Associates, Norman, Oklahoma, for Petitioner, the Osage Tribal Council.

Ellen L. Beard, Senior Appellate Attorney (Marvin Krislov, Deputy Solicitor for National Operations, and Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, with her on the brief), U.S. Department of Labor, Washington, D.C., for Respondent, U.S. Department of Labor.

John T. Edwards, Oklahoma City, Oklahoma, for Intervenor, Chris White.

Before ANDERSON, HENRY, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

The Osage Tribal Council (the Council) petitions for review of an order by the Administrative Review Board of the Department of Labor in a proceeding under the employee protection provisions of the Safe Drinking Water Act (SDWA), 42 U.S.C. § 300j-9(i). The Board's order rejected the Council's assertion that it was entitled to tribal immunity, found for the complainant, Chris White, and remanded the matter to the administrative law judge...

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