DRY v. U.S.

No. 99-7110.

235 F.3d 1249 (2000)

Douglas G. DRY; Juanita McConnell; Rosie Burlison, Plaintiffs-Appellants, v. UNITED STATES of America; Bruce Babbitt, in his official capacity as Secretary of Interior; Ada E. Deere, in her official capacity as Assistant Secretary of Interior for Indian Affairs; Jim Fields, in his official capacity as the successor Muskogee Area BIA Director; Perry Proctor, in his official and individual capacities; Dennis Springwater, in his official and individual capacities; Karen Ketcher, in her official and individual capacities; Curtis D. Wilson, in his official capacity as the BIA Contracts Officer; Larry Mings, in his official and individual capacities; Bob Rabon, in his official and individual capacities; Robert L. Rabon, in his official and individual capacities, Kim Reed, in her official and individual capacities; Hoppy Denison, in his official and individual capacities; Bill Barrow in his official and individual capacities; Mike Russell, in his official and individual capacities; Stephen Flowers, in his official and individual capacities; Chris Welch, in his official and individual capacities; Kenneth Johnson, in his official and individual capacities; Blake Johnico, in his official and individual capacities; City of Talihina; Jack England, in his official and individual capacities; Malcomb Wade, in his official and individual capacities; Niky Hibdon, in her official and individual capacities; Lloyd James, in his official and individual capacities; John Wheat, in his official and individual capacities; Naomi O'Daniels, in her official and individual capacity; City of Clayton; Terry Bell, in his official and individual capacities; Rowland Hall, in his official and individual capacities; Mike Van Horn, in his official and individual capacities; Rebecca Johnson, in her official and individual capacities; Darrel Kirkes, in his official and individual capacities; Jimmy Long, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 19, 2000.


Attorney(s) appearing for the Case

Douglas G. Dry, Wilburton, Oklahoma (Scott Kayla Morrison, Clayton, Oklahoma, on the brief), for the Plaintiffs-Appellants.

Peter Bernhardt, Office of the United States Attorney, Tulsa, Oklahoma, for Defendants-Appellees United States of America, Bruce Babbitt, Ada E. Deere, Jim Fields, Perry Proctor, Dennis Springwater, Karen Ketcher, Curtis D. Wilson and Larry Mings.

Eric D. Janzen (Charles D. Neal, Jr., with him on the briefs), Steidley & Neal, McAlester, Oklahoma, for Defendants-Appellees City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels, and for Defendants—Appellees City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long.

Steven P. Shreder (W.G. "Gil" Steidley, Jr., on the brief), Steidley & Neal, McAlester, Oklahoma, for Defendants-Appellees Bob Rabon, Robert L. Rabon, Kim Reed, Hoppy Denison, Bill Barrow, Mike Russell, Steven Flowers, Chris Welch, Kenneth Johnson and Blake Johnico.

Before BRORBY, McKAY, and KELLY, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Plaintiffs-Appellants Douglas G. Dry, Juanita McConnell, and Rosie Burlison appeal from the district court's orders dismissing their claims against the federal and tribal defendants, and from the orders granting summary judgment to the City of Talihina and City of Clayton defendants. Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

Background

Plaintiffs Douglas G. Dry, Juanita McConnell, and...

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