FENT v. OKLAHOMA WATER RESOURCES BOARD

No. 99-6188.

235 F.3d 553 (2000)

Margaret B. FENT; Jerry R. Fent, wife and husband as State of Oklahoma resident taxpayers, State of Oklahoma ex rel., Plaintiffs-Appellants, v. OKLAHOMA WATER RESOURCES BOARD, State of Oklahoma, ex rel.; Water Conservation Storage Commission, State of Oklahoma, ex rel.; J. Ross Kirtley; Richard McDonald; Dick Seybolt; Lonnie Farmer; Grady Grandstaff; Ervin Mitchell; Bill Secrest; Richard Sevenoaks; Wendell E. Thomasson, all as private individuals, and as public board and commission members of the Oklahoma Water Resources Board and Water Conservation Storage Commission; Department Of Defense; United States Department of the Army; United States Army Corps of Engineers, United States of America, ex rel., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 18, 2000.


Attorney(s) appearing for the Case

Russell B. Fister, Oklahoma City, OK, for Plaintiffs-Appellants.

Robert M. Anthony, Assistant Attorney General, Litigation Section, Oklahoma City, OK, for Defendant-Appellee State of Oklahoma, and Peter Coppelman, Acting Assistant Attorney General, Ellen J. Durkee and Ethan G. Shenkman, Attorneys, U.S. Department of Justice, Environment & Nat. Resources Div., Washington, DC, for Defendant-Appellee United States.

Before TACHA, EBEL, and BRISCOE, Circuit Judges.


TACHA, Circuit Judge.

Plaintiffs appeal1 from several orders resulting in the dismissal of their state law qui tam action, which was removed to federal court by the defendant United States ex rel. Department of Defense, Department of the Army, and Army Corps of Engineers (United States). Specifically, plaintiffs challenge (1) the denial of their motion to remand the case to state court; (2) the dismissal of their cause against the United...

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