Subpoena To Produce Purchase Records
Re: Surveilance/Wiretapping Equip.

IN THE UNITED STATE DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

Filed – Aug. 14, 1998 Phil Lombardi, Clerk – U.S. DISTRICT COURT

MARVIN SUMMERFIELD and ROBIN MAYES,

Plaintiffs,

vs.

MARK McCOLLOUGH, et. al,

Defendants

Case No. 98-CV-0328B (EA)

NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS AND THINGS

In accordance with Fed. R. Civ. P. 45(b)(1), please take notice that the plaintiffs have issued a subpoena to Grove TV & Appliances of Grove, Oklahoma, to produce documents as described in the subpoena. A copy of the subpoena is attached hereto.

Respectfully submitted,

By:
Charles W. Shipley, OBA No. 8182
Mark B. Jennings, OBA No. 10082
Gerald L. Hilsher, OBA No. 4218

SHIPLEY, JENNINGS & CHAMPLIN, P.C.
201 West Fifth Street, Suite 201, Tulsa, OK 74103-4230 – 918-582-1720

ATTORNEYS FOR THE PLAINTIFFS MARVIN SUMMERFIELD and
ROBIN MAYES

CERTIFICATE OF SERVICE

I, the undersigned, do hereby certify that on the 14th day of August, 1998, a ture and correct copy of the above document was mailed first class mail, postage pre-paid, to:

Lee I. Levinson, Esq. – Ronald C. Kaufman, Esq. – Bodenhamer & Levinson – 5310 E. 31st St. Suite 1100 – Tulsa, OK 74135

Frank Sullivan, Jr. P.C. – 105 N. Oak St. – P.O. Box 768 – Sallisaw, OK 74955-0768

Joe Byrd, Principal Chief – Cherokee Nation – Keeler Complex – Hwy 62 West – Tahlequah, OK 74465

Jennie Battles – 907 S. Mission – Tahlequah, OK 74465

James G. Wilcoxen, Esq. – Wilcoxen, Wilcoxen & Primomo – P.O. Box 357 – Muskogee, OK 74402-0357

Robert S. Lafferrandre, Esq. – Pierce, Couch, Hendrickson, Baysinger & Green – 1109 N. Francis Ave. – P.O. Box 26350 – Oklahoma City, OK 73126-0350

Rex Earl Starr – 108 N. First St. – Stilwell, OK 74960

Lisa Finley – c/o Oklahoma Credit Union League – P.O. Box 702297 – Tulsa, OK 74170-2297

ATTACHMENT “A” TO

SUBPOENA TO CUSTODIAN OF RECORDS FOR GROVE TV & APPLIANCES, AS CUSTODIAN OF RECORDS

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date (*1) and time specified:

All original(s) and copy(ies) of all documents in your possession, custody or control which evidence orders, purchases, and/or receipt from Grove TV & Appliances, by Charlie Addington, Bob Lewandowski, Joel Thompson, Billy Hughes, and/or the Cherokee Housing Authority (or on behalf of the Cherokee Housing Authority) anytime in 1995, 1996, 1997, or 1998, of any equipment or device(s) used for, or which are designed for use in, intended for use in, or susceptible for use in, electronic surveillance.

By way of example, but not restriction, such “equipment or devices(s)” include scanners, parabolic ears or dishes, concealed cameras, tape recording equipment, concealed recording equipment, and related or similiar equipment and devices.

(1*) This Subpoena requests production of the described documents at the offices of Shipley, Jennings & Champlin, P.C. in Tulsa, Oklahoma. In the alternative, and upon adequate notice in advance, the place for the requested production may be at Grove TV & Appliance in Jay, Oklahoma, or other mutually agreeable location. However, unless otherwise specificially agreed, the location for the production shall be at the office of Shipley, Jennings & Champlin.