DOUGLAS DRY, ROSIE BURLISON,
and JUANITA McCONNELL,

Petitioners/AppelIants

Vs.

CFR COURT OF INDIAN APPEALS
FOR THE CHOCTAW NATION,
JAMES WOLFE, Magistrate,

Respondents/Appellees

Case No. 98-7027

Comes now Robert Rabon, and respectfully shows to the Court:

That I am lead counsel in the above styled and numbered matter and in a case in the District Court of Choctaw County, Oklahoma, styled, "Doris Gentry, Individually and as Administratrix of the Estate of David Gentry, deceased, Plaintiff, vs. Hugo Manor Nursing Home, et al., Defendants, Case No. CJ-97-195; that a scheduling conflict has occurred in the above styled and numbered matter. On or about the first week of December, 1998, 1 received an Oral Argument Calender Notice informing me that the Dry case was set for Oral Argument on January 21, 1999, at 9:00 a.m. An order setting the trial date in the Gentry case was entered on December 31, 1998, which set the trial date in Gentry on January 19, 1999. Pursuant to the guidelines set forth in the General Order filed May 21, 1998 by United States Court of Appeals for the Tenth Circuit Court, this attorney proposes that this matter be resolved by the State Trial Court resetting or continuing the trial in the Gentry Case.
The above matters cannot be adequately handled and the clients' interest adequately protected by other counsel for the parties in both actions or by other attorneys in lead counsel's firm.

I hereby certify that compliance with the General Order filed May 21, 1998, regarding guidelines for resolving scheduling conflicts with Oklahoma Courts has been adequately complied with; that I have nevertheless been unable to resolve the conflicts.

Wherefore, Robert Rabon, respectfully requests that this Court hear the Oral Argument heretofore set on January 21, 1999, at 9:00 o'clock a.m. and that the State Court reset or continue the trial in the Gentry case to a future date and time.

I certify that on the 7th day of January, 1999, I placed in the U.S. Mail, first class, postage prepaid, a true and correct copy of the above Notice of Scheduling Conflict to the following:

Clerk of the United States Tenth Circuit Court of Appeals,
Byron White U.S. Courthouse
1823 Stout Street
Denver, CO, 80257

Scott Kayla Morrison
Dry and Morrison Law Firm
P.O. Box 637
Wilburton, OK 74578

Attention: Sandy
United States Court of Appeals
Tenth Circuit
Byron White United States Courthouse
1823 Stout Street
Denver, CO 80257
(To be handed to appropriate Judge)

George Gibbs
Gibbs and Harmon
4606 S. Garnett, Suite 310
Tulsa, OK 74146

I hereby certify that on the 7th day of January, 1999, I hand delivered a true and correct copy of the above Notice of Scheduling Conflict to the following:

Honorable Don Ed Payne
Associate District Judge
Choctaw County Courthouse
300 East Duke
Hugo, OK 74743

Jimmy Walker
Court Clerk
Choctaw County Courthouse
300 East Duke
Hugo, OK 74743