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OSAGE NATION v. IRBY

No. 09-5050.

597 F.3d 1117 (2010)

OSAGE NATION, Plaintiff-Appellant, v. Constance IRBY Secretary — Member of the Oklahoma Tax Commission; Thomas E. Kemp, Jr., Chairman of the Oklahoma Tax Commission; Jerry Johnson, Warden, Vice-Chairman of the Oklahoma Tax Commission, Defendants-Appellees. Oklahoma Farm Bureau; Oklahoma Cattlemen's Association; Osage County Farm Bureau; Osage County Cattlemen's Association; Oklahoma Association of Electric Cooperatives; Oklahoma Independent Petroleum Association; Oklahoma Municipal League; Oklahoma Rural Water Association; Oklahoma Wildlife Management Association; Environmental Federation of Oklahoma; Public Service Company of Oklahoma; Oklahoma State Chamber of Commerce and Industry, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

March 5, 2010.

Attorney(s) appearing for the Case

Thomas P. Schlosser of Morisset, Schlosser & Jozwiak, Seattle, WA (and Gary S. Pitchlynn, O. Joseph Williams and Stephanie Moser Goins of Pitchlynn & Williams, P.L.L.C., Norman, OK, with him on the briefs), for Plaintiff-Appellant.

Lynn H. Slade, (William C. Scott and Joan D. Marsan of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM; Kathryn L. Bass, Chief Deputy General Counsel, Oklahoma Tax Commission, Oklahoma City, OK, on the brief), for Defendants-Appellees.

Steven W. Bugg and Jeff L. Todd of McAfee & Taft A Professional Corporation, Oklahoma City, OK, for Amici Curiae.

Before TACHA, EBEL, and KELLY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant the Osage Nation ("the Nation") appeals from the grant of summary judgment for Defendants-Appellees. The Nation sought (1) a declaratory judgment that the Nation's reservation, which comprises all of Osage County, Oklahoma, has not been disestablished and remains Indian country within the meaning of 18 U.S.C. § 1151; (2) a declaratory judgment that Nation members who are employed and reside within the reservation...

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