Mustang Production Co. v. Harrison
United States Court of Appeals for the Tenth Circuit
94 F.3d 1382 (1996)
In 1869, an executive order implemented an earlier treaty by delineating the boundaries of the Cheyenne and Arapaho tribes’ reservation in what later became Oklahoma. In 1891, the reservation was disestablished, and its lands were ceded back to the federal government. However, this action was subject to the allotment of much of the former reservation’s lands to individual tribal members. The allotted lands were held in trust by the federal government. Much later, the tribes’ governmental entities (the tribes) (defendants) sought to impose a severance tax on oil-and-gas production on the allotted lands. Several oil-and-gas companies holding leases on the allotted lands, including Mustang Production Company (collectively, Mustang) (plaintiff), challenged the jurisdictional authority of the tribes over the allotted lands. The Cheyenne and Arapaho district court and supreme court found in favor of the tribes. The federal district court also found in favor of the tribes. Mustang appealed to the United States Court of Appeals for the Tenth Circuit.
Rule of Law
Holding and Reasoning (Tacha, J.)
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