Choctaw Nation of Oklahoma,

Plaintiff,

vs.

Douglas Dry,

Defendant.

No. CR-95-01, 05

Comes now the defendant, Douglas G. Dry, and withdraws subpoenas issued on July 24, 1997 for Sheldon Sperling, Assistant U.S. Attomey, and for his reasons, affirms and states:

1. The U.S. Attomey's Office has taken the position that this Court does not have jurisdiction over federal employees, apparently for any purpose.

2. For defendant to challenge this position, it would require time, energy and financial resources. With this defense and other actions currently pending, defendant is without current resources to mount the defense required to take this issue to the Tenth Circuit Court of Appeals.

Wherefore, defendant, Douglas Dry, withdraws subpoenas issued to Sheldon Sperling for the above reasons.

Respectfully submitted,

I certify that I hand-delivered the above and foregoing Withdrawal Without Prejudice of Subpoena, to Robert L. Rabon, Rabon, Wolfe, and Rabon, Post Office Box 726, Hugo, OK 74743, on this 12th day of August, 1997.