ENABLE OKLA. INTRASTATE v. 25 FOOT WIDE EASEMENT

No. 17-6188.

908 F.3d 1241 (2018)

Enable OKLAHOMA INTRASTATE TRANSMISSION, LLC, Plaintiff-Appellant, v. 25 FOOT WIDE EASEMENT, and right of way for underground natural gas pipeline lying and situated in the SW Quarter of the SE Quarter and the West Half of the SE Quarter of the SE Quarter in Section 28 Township 7 North Range 11 West of the 1.B. & M. in Caddo County, State of Oklahoma; United States of America, The Trustee as a matter of affecting title to certain lands previously allotted to Native Americans but held in trust with certain restraints on alienation and presently held in trust for: The Respective Heirs and Successors in Interest of Emaugobah, Caddo Allotment #84, deceased, known heirs believed to be: Matthew Martin Ware, and spouse if any; Betty Lou Ware, and spouse if any; Benjamin Blackstar, and spouse if any; Corey Ware, and spouse if any; Patricia Ware, and spouse if any; Jean Ann Carter Ware, and spouse if any; Edmond L. Carter, and spouse if any; Carri Gwen Dupont, and spouse if any; Patricia Ann Carter, and spouse if any; Marcia W. Davilla, and spouse if any; Mayredean Mammedaty Palmer, and spouse if any; Janice C. Mammedaty, and spouse if any; Katina Dherie Smith Lipton, and spouse if any; Rena A. Ware, and spouse if any; William Kendrix Ware, and spouse if any; Wesley Ware, III, and spouse if any; Angela Rae Ware Silverhorn, and spouse if any; Samuel Martin Ware, and spouse if any; Thomas Blackstar, III, and spouse, if any all if living, and if any deceased, their respective heirs, executors, administrators, devisees, trustees, successors and assigns, immediate and remote, both known and unknown, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED November 15, 2018.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Barry L. Pickens , of Spencer Fane LLP, Overland Park, Kansas; and Andrew W. Lester , of Spencer Fane LLP, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Robert J. Troester , Acting United States Attorney; Tom D. Majors , Assistant United States Attorney; Conor Cleary and Alan Woodcock , Department of the Interior; Jeffrey H. Wood , Acting Assistant Attorney General; Eric Grant , Deputy Assistant Attorney General; and William B. Lazarus , Jeffrey S. Beelaert , and Mary Gabrielle Sprague , Attorneys, United States Department of Justice, Washington, D.C., for Defendant-Appellee United States of America.

Dustin T. Greene , of Kilpatrick Townsend & Stockton LLP, Winston-Salem, North Carolina; and Thurston H. Webb , of Kilpatrick Townsend & Stockton LLP, Atlanta, Georgia, for Defendants-Appellees Matthew Martin Ware; Betty Lou Ware; Benjamin Blackstar; Corey Ware; Patricia Ware; Jean Ann Carter Ware; Edmond L. Carter; Carri Gwen Dupont; Patricia Ann Carter; Marcia W. Davilla; Mayredean Mammedaty Palmer; Janice C. Mammedaty; Katina Dherie Smith Lipton; Rena A. Ware (Killsfirst); William Kendrix Ware; Wesley Ware, III; Angela Rae Ware Silverhorn; Samuel Martin Ware; and Thomas Blackstar, III.

Before LUCERO, McKAY, and MATHESON, Circuit Judges.


Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district court's dismissal of its case for lack of subject matter jurisdiction and for failure to join an indispensable party. Enable also challenges the amount of attorney fees the court awarded to the landowner defendants. Because our decision in Public...

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