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UNITED KEETOOWAH BAND OF OKLAHOMA v. KEMPTHORNE

CIV No. 08-355-JHP.

630 F.Supp.2d 1296 (2009)

UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA, Plaintiff, v. Dirk KEMPTHORNE, Secretary of the Interior, et al., Defendants.

United States District Court, E.D. Oklahoma.

May 28, 2009.

Attorney(s) appearing for the Case

James C. McMillin, Tamara Schiffner Pullin, McAfee & Taft, Oklahoma City, OK, Michael D. McMahan, Andrews Davis, Oklahoma City, OK, for Plaintiff.

Linda A. Epperley, U.S. Attorney, Muskogee, OK, for Defendants.

ORDER

JAMES H. PAYNE, District Judge.

This matter comes before the Court upon the Defendants' Motion to Dismiss the Plaintiff's Complaint pursuant to Fed. R.Civ.P. 12(b)(7) for an inability to join the Cherokee Nation of Oklahoma, a required and indispensable party under Fed. R.Civ.P. 19. On September 30, 2008, the United Keetoowah Band of Cherokee Indians in Oklahoma ("UKB") filed this lawsuit which...

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