UNITED STATES
v.
FIXICO et al. SAME
v.
LUCAS et al. SAME
v.
RICE, Judge (two cases).
Circuit Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 12, 1940.
November 12, 1940.
Attorney(s) appearing for the Case
Charles N. Champion, Asst. U. S. Atty., of Muskogee, Okl., and Marvin J. Sonosky, Atty., Department of Justice, of Washington, D. C. (John J. O'Brien, Acting Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., and Charles R. Denny, John F. Cotter, Frank J. Dugan, and Roger P. Marquis, Attys., Department of Justice, all of Washington, D. C., on the brief), for appellant-petitioner.
W. W. Pryor, Hugh M. Sandlin, Don Wilbanks, and Marvin Balch, all of Holdenville, Okl., and Omar M. Hudson, of Stigler, Okl., for appellees Amon Fixico, Frank Lucas and Betsy Lucas.
I. L. Lockewitz, of Tulsa, Okl. (J. C. Denton, R. H. Wills, J. H. Crocker, and J. P. Greve, all of Tulsa, Okl., on the brief), for appellee Mid-Continent Petroleum Corporation.
James B. Diggs and Redmond S. Cole, both of Tulsa, Okl., for appellee Gulf Oil Corporation.
Chas. L. Orr and Angus M. Woodford, both of Holdenville, Okl., for appellee Boettcher Oil & Gas Co.
Julian B. Fite, R. M. Mountcastle, and Bower Broaddus, all of Muskogee, Okl., for respondent.
Orel Busby, L. H. Harrell, and A. W. Trice, all of Ada, Okl., for Carter Oil Co. and Continental Oil Co.
Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.
Circuit Court of Appeals, Tenth Circuit.
BRATTON, Circuit Judge.
The questions presented in these four cases are (1) whether an action to recover damages for injury by pollution to restricted land in Oklahoma allotted to a member of the Five Civilized Tribes of Indians may be removed from the state court to the United States court under section 3 of the Act of April 12, 1926, 44 Stat. 239, 240, and (2) whether an order of the United States court remanding such a case may be re-examined in this court, either...
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