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GILMORE v. WEATHERFORD

No. 11-5025.

694 F.3d 1160 (2012)

James E. GILMORE; Tammy S. Gilmore Springer; Joanna K. Stand, individual owners in Indian trust property, Plaintiffs-Appellants, v. Cathy J. WEATHERFORD, personal representative of the estate of Joseph E. Mountford, deceased; Bingham Sand & Gravel Company, Inc., a foreign corporation, Ken Salazar; Karen Ketcher; Paul Yates, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 4, 2012.

Attorney(s) appearing for the Case

Stephen Richard Ward ( John L. Williams and Daniel E. Gomez , with him on the briefs), Conner & Winters, LLP, Tulsa, OK, for Plaintiffs-Appellants.

Matthew Littleton ( Ignacia S. Moreno , Elizabeth Ann Peterson , and Mary Gabrielle Sprague , on the briefs), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendants-Appellees Ken Salazar, Karen Ketcher, and Paul Yates.

Theodore Q. Eliot ( Graydon Dean Luthey, Jr. , with him on the briefs), Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, for Defendants-Appellees Bingham Sand & Gravel, Co.

Barry G. Reynolds and Kelley Gilbert Loud , Titus Hillis Reynolds Love Dickman & McCalmon, Tulsa, OK, and Charles Wylie Chesnut , Chesnut & Chesnut, Miami, OK, filed a brief for Defendant-Appellee Catherine J. Weatherford.

Before LUCERO, MCKAY, and GORSUCH, Circuit Judges.

LUCERO, Circuit Judge.

Decades of lead and zinc mining in northeastern Oklahoma have left behind piles of mine tailings, known locally as "chat," that now have value as fill and gravel. This case concerns two chat piles, the Sooner and Ottawa piles, which share a convoluted ownership history. Some of the chat in these piles is owned by descendants of members of the Quapaw Tribe who were deemed incompetent to manage their own affairs. These individuals hold undivided...

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