No. CIV-97-113B

DOUGLAS G. DRY, et al.,

Plaintiffs,

VS.

UNITED STATES OF AMERICA, et. al.

Defendants.

COMES NOW the Plaintiffs, Douglas G. Dry, Rosie Burlison and Juanita McConnell, by and through their attorney, Scott Kayla Morrison, and hereby request a hearing on the merits of the Defendants' Motion to Dismiss in the above styled case, and in support of this motion, Plaintiffs will show the following:

1. On May 6, 1997, Defendant Bob Rabon filed a motion to dismiss in this cause, with Plaintiffs responding on May 19, 1997 and Defendant Bob Rabon filing a response on May 30, 1997.

2. Defendants Robert Rabon and Kim Reed filed motions to dismiss on June 19, 1997, with Plaintiffs responding on July 14, 1997, and Defendant Reed responding on July 24, 1997, and Defendant Robert Rabon responding on August 11, 1997.

3. On July 11, 1997, Defendants tribal officers filed motions to dismiss, with Plaintiffs responding on July 23, 1997 and Defendants response filed on August 4, 1997.

4. On June 20, 1997, Defendant USA and federal defendants filed a motion to dismiss, with Plaintiffs responding on July 21, 1997, and Defendants response filed on July 31, 1997.

No ruling has been made on these motions to dismiss and all briefs have been filed.

In the alternative, Plaintiffs move the court to enter judgment on the pleadings in favor of Plaintiffs.

DATED this 12th day of January, 1998.

Respectfully submitted,

On the 12th day of January, 1998, 1 certify that I placed in the U.S. Mail, first class postage pre-paid a true and correct of the above and foregoing to the following:

Peter Bernhardt
Assistant U.S. Attomey
333 W. Fourth Street, Ste. 3460
Tulsa, OK 74103


Alison Cave
Steidley & Neal
PO Box 1165
McAlester, OK 74502

Eric Janzen
W.G. "Gil" Steidley, Jr.
Steidley & Neal
P.O. Box 1165
McAlester, Oklahoma 74502