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Oklahoma's poultry litter case against Arkansas can go to trial, judge rules

Oklahoman Modified: September 15, 2009 at 11:59 am •  Published: September 15, 2009

TULSA (AP) — A federal judge has blocked a request by the Cherokee Nation to intervene as a plaintiff in Oklahoma's water pollution lawsuit against Arkansas poultry companies, clearing the way for the case to go to trial Monday.

U.S. District Judge Gregory K. Frizzell made the ruling from the bench Tuesday.

Oklahoma Attorney General Drew Edmondson sued the companies in 2005, claiming they were polluting the Illinois River watershed with bird waste.

Previously, the judge decided Oklahoma could not win damages because it failed to include the nation — whose lands lie within the watershed — as a plaintiff in the case.

Edmondson asked Frizzell to delay the start of the trial from next Monday until January.