United States Tenth Circuit

District court erred in its blanket determination that assorted claims by plaintiff alleging both statutory and common law violations against various defendants are all subject to an administrative exhaustion requirement found in the Osage Allotment Act.

Appellate Information

• Decided 06/16/2004
• Published 06/16/2004

Judges

• LUCERO, Circuit Judge., Before EBEL, McKAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gentner F. Drummond (Will K. Wright, Jr. with him on the briefs), The Drummond Law Firm, Tulsa, OK, for the Plaintiffs-Appellants.


• For Appellees:
  
• Matthew J. Sanders (Thomas L. Sansonetti, Assistant Attorney General;  Earl Salo, Acting Associate General Counsel, Alan Carpien and James Harvard, United States Environmental Protection Agency;  Charles R. Babst, Jr., United States Department of the Interior;  Elizabeth A. Peterson and Natalia T. Sorgente, United States Department of Justice, Environment & Natural Resources Division with him on the brief), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the Federal Defendants-Appellees., Rick D. Westcott (James C. Daniel with him on the brief), Daniel, Baker & Associates, Tulsa, OK, for the Defendants-Appellees with the exception of the United States.