Patrick Fisher
Clerk of the United States
Tenth Circuit Court of Appeals
Byron White U.S. Courthouse
1823 Stout St.
out St.

RE: Douglas Dry, Rosie Burlison and Juanita McConnell vs. CFR
Court of Indian Offenses for the Choctaw Nation, James
Wolfe, Magistrate, Case No. 98-7027

Dear Clerk,

Pursuant to FRAP 28 (j), appellee has attached a decision rendered by the Court of Civil Appeals of the State of Oklahoma as a supplement to Footnote 6 on page 3 of Appellees' Answer Brief which references Exhibit number 4 contained in the Appendix to Appellees's Answer Brief. Exhibit number 4 is an order of the District Court of Atoka County, Oklahoma in Bob Burlison v. City of Atoka, case numbered CJ96-198 wherein the Choctaw Nation of Oklahoma was a party defendant and appellant was counsel for plaintiff Burlison. At issue there was whether the Choctaw Nation could, under its Constitution, contract with the B.I.A. to provide police protection and a CFR Court within the Choctaw Nation. The Court decided that the matter had already been decided affirmatively by the Tribal Constitutional Court. Notwithstanding that the Trial Court here did not reach that issue, it has been raised by appellant in this appeal.

The Atoka County District Court decision referred to above was appealed and the Court of Civil Appeals of the State of Oklahoma Court of Appeals, Division 4 has issued the enclosed decision affirming the lower court's ruling.

Sincerely,

RLR/kp

cc: Scott Kayla Morrison
rrison