And now:Ish <[EMAIL PROTECTED]> writes:

http://www.tulsaworld.com/Default.asp?WCI=Displaystory&ID=990526_Ne_c8judge

A federal judge in Tulsa has found no grounds to remove an attorney from a
lawsuit against 
Cherokee Nation Chief Joe Byrd and others, court records show.
   The attorney, Charles ``Chuck'' Shipley of Tulsa, represents plaintiffs
in a wiretapping 
lawsuit that was brought against Byrd and several current and former
members of his 
administration.
   Attorneys for the defense sought Shipley's removal on grounds that he
was personally 
involved in an investigation of Byrd, whose administration was charged in
Cherokee Nation court 
with misuse of funds.
   This caused a ``spirit of unrest'' in the tribe, which allegedly led to
wiretapping, the 
attorney for Byrd and four other defendants said.
   The defense team said Shipley 
should be disqualified because he has represented the Cherokee Nation and
could possess 
confidential information.
   Shipley likened the lawsuit to ``harassment.''
   U.S. District Judge Thomas Brett said the defendants hadn't established
a conflict of 
interest and failed to show that Shipley could be a ``necessary witness''
in the wiretapping 
case.
   Shipley filed the wiretapping case in May 1998, based on part of a
cassette tape of a 
telephone conversation between Dwight Birdwell, then a tribal supreme court
justice, and Marvin 
Summerfield, a Jay newspaperman.
   The tape allegedly was delivered to Robert Powell, the tribe's inspector
general, played in 
part for Byrd and then turned over to the FBI.
Rob Martindale can be reached at 581-8367.
 
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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