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City of Oklahoma City, Oklahoma, et al. v. Deer Creek Water Corporation

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-6155, 21-6164 · judgment September 18, 2023


Certiorari denied · March 25, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a private corporation may waive State sovereignty without the permission of the State.

  2. Whether Oklahoma has authorized private corporations to accept federal obligations under the Act that waive its sovereignty.

  3. Whether Respondent’s failure to comply with the express requirements of Oklahoma law under 82 O.S. §1324.35 precluded its entitlement to serve the disputed area and thus §1926(b) protection.

Counsel of record

For petitioner
Craig B. Keith
The City of Oklahoma City

For respondent
Andrew William Lester
Spencer Fane LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 25 2024
    Petition DENIED.
  2. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. Feb 29 2024
    Waiver of right of respondent Deer Creek Water Corp. to respond filed.
  4. Jan 30 2024
    Petition for a writ of certiorari filed. (Response due March 4, 2024)