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KAW NATION EX REL. McCAULEY v. LUJAN

No. 03-6213.

378 F.3d 1139 (2004)

KAW NATION, ex rel. Clyde McCAULEY, Martha Spotted Bear, Clark Pepper and Jesse Mehojah; and Clyde McCauley; Jesse Mehojah; Clark Pepper; and Martha Spotted Bear, individually, Plaintiffs-Appellants, v. Phil LUJAN; Charles Brady Morris; Guy Munroe; and Charles Henry Tripp, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 16, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs*: Michael Minnis and David McCullough of Michael Minnis & Associates, P.C., Oklahoma City, OK, for Plaintiffs-Appellants.

John W. Hunt, Broken Arrow, OK, for Defendant-Appellee Phil Lujan.

Michael Salem of Salem Law Offices, Norman, OK, for Defendant-Appellee Guy Munroe.

Before HENRY, BRISCOE, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiffs appeal the dismissal of their suit for lack of subject matter jurisdiction. They contend that the district court erred in characterizing their claims as involving a purely intratribal dispute and assert that the district court had jurisdiction to determine whether certain persons were properly appointed to the Kaw Nation District Court (KNDC) and the Kaw Nation Supreme Court. Exercising jurisdiction under 28 U.S.C. § 1291, we...

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