PATRICK FISHER
CLERK

ELISABETH A. SHUMAKER
CHIEF DEPUTY CLERK

Scott Kayla Morrison
P.O. Box 637
103 1/2 W. Main
Wilburton, OK 74578

Re: 98-7027, Dry, et. al. v. Choctaw CFR Court
Dist/Ag docket: 98-CV-11-S

Dear Counsel:

The court has docketed an appeal in this case. Procedures in this appeal will be governed by the Federal Rules of Appellate Procedure and Tenth Circuit Rules. Pamphlet copies of the Tenth Circuit Rules, effective January 1, 1996, which include the Federal Rules of Appellate Procedure, may be obtained from the clerk of the district court or ordered from the clerk of the court of appeals. PLEASE TAKE NOTE OF THE FOLLOWING REQUIREMENTS FOR PROSECUTING THIS APPEAL.

An attorney who files a notice of appeal is deemed to have entered an appearance. Therefore, that attorney may not later withdraw unless leave of court is obtained. Generally, the court will not allow counsel to withdraw until the appeal is perfected. This includes: ordering necessary transcripts, filing a designation of record if required under 10th Cir. R. 10.2.2, and filing a docketing statement.

Pursuant to 10th Cir. R. 3.4, the appellant is required to file and serve a docketing statement within ten days of filing the notice of appeal. If a docketing statement has not been filed already, it must be filed within ten days of the date of this letter. In addition, if necessary transcripts have not been ordered, they should be within ten days. If transcripts are unnecessary, appellant must file a certification to that effect, including reasons. Fed. R. App. P. 10(b); 10th Cir. R. 10.1.1.

Enclosed is an entry of appearance form. Attorneys must complete and file this form within ten days of the date of this letter. 10th Cir. R. 46.1.1. FAILURE TO ENTER AN APPEARANCE MAY CAUSE THE APPEAL TO BE DISMISSED OR MAY CAUSE A PARTY TO RECEIVE NO FURTHER NOTICES OF PROCEEDINGS ON APPEAL.

Appellant is not required to file a designation of record, but will be required to file an appendix with appellant's opening brief. See 10th Cir. R. 10.2.2 and 30.1.

Appellant shall file and serve an opening brief and appendix
within 40 days after the date on which the clerk of the district court notifies the parties and the clerk of the court of appeals, that the record is complete for purposes of appeal. See 10th Cir. R. 31.1.1(b). Motions for extensions of time to file briefs and appendixes are not favored and will not be granted unless they comply with 10th Cir. R. 27.3.

Briefs must satisfy all requirements of the Federal Rules of Appellate Procedure and Tenth Circuit Rules with respect to form and content. See specifically Fed. R. App. P. 28 and 32 and 10th Cir. R. 28.1, 28.2 and 32.1, as well as 31.4 when applicable. An original and 7 copies of briefs must be filed. See 10th Cir. R. 31.6. Appendixes must satisfy the requirements of 10th Cir. R. 30.1.1 and 30.1.3 and 2 copies must be filed. See 10th Cir. R. 30.1.4.

Please contact this office if you have questions.

Sincerely,

PATRICK FISHER
Clerk

PF: as

cc:

Robert Lee Rabon
William Bruce Guthrie, Clerk

vs.

Case No.

INSTRUCTIONS: COUNSEL FOR A PARTY MUST FORTHWITH EXECUTE AND FILE THIS FORM, TOGETHER WITH PROOF OF SERVICE ON ALL OTHER PARTIES. IF THE CERTIFICATE OF INTERESTED PARTIES ON THE REVERSE OF THIS FORM IS COMPLETED, AN ORIGINAL AND THREE COPIES MUST BE FILED. MULTIPLE COUNSEL APPEARING FOR A PARTY OR PARTIES AND WHO SHARE THE SAME MAILING ADDRESS MAY ENTER THEIR APPEARANCES ON THE SAME FORM BY AFFIXING THEIR INDIVIDUAL SIGNATURES.

In accordance with 10th Circ. R. 46. 1., the undersigned attorney(s) hereby appear as counsel for

Further, in accordance with 10th Cir. R. 46.1.3., the undersigned certify(ies) as follows: (Check one.)

[ ]On the reverse of this form is a completed certificate of interested parties and/or attorneys not otherwise disclosed, who are now or have been interested in this litigation or any related proceeding. (File original and three copies.)

[ ]There are no such parties, or any such parties have heretofore been disclosed to the court. (File original only.)

_______________________
Name of Counsel

_______________________
Signature of Counsel

_____________________
Mailing Address and Telephone Number

_______________________
Name of Counsel

_______________________
Signature of Counsel

_____________________
Mailing Address and Telephone Number

I hereby certify that a copy of this Entry of Appearance and Certificate of Interested Parties was mailed on

(please insert date)____________________________

to ___________________________________
(See Fed. R. App. P. 25(b))

___________________________________
(Signature of Counsel)

A-5 Entry of Appearance Form 9/97

Case No.

Certificate of Interested Parties

The following are parties to this litigation, including persons or other entities financially interested in the outcome of the litigation, but not revealed by the caption on appeal, see 10th Cir. R. 46.1.3., and attorneys not entering an appearance in this court who have appeared for any party in prior trial or administrative proceedings sought to be reviewed, or in related proceedings that preceded the subject action in this court:

(Attach additional pages if necessary.)

A-5 Entry of Appearance Form 8/97

Scott Kayla Morrison
P.O. Box 637
103 1/2 W. Main
Wilburton, OK 74578
-----------