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UNITED STATES v. OKLAHOMA GAS & ELECTRIC CO.

No. 2390.

127 F.2d 349 (1942)

UNITED STATES v. OKLAHOMA GAS & ELECTRIC CO.

Circuit Court of Appeals, Tenth Circuit.

March 23, 1942.

Attorney(s) appearing for the Case

W. Robert Koerner, of Oklahoma City, Okl. (Norman M. Littell, Asst. Atty. Gen., Charles E. Dierker, U. S. Atty., and George H. McElroy, Asst. U. S. Atty., both of Oklahoma City, Okl., and Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

Robert M. Rainey, Jr., of Oklahoma City, Okl. (R. M. Rainey and Streeter B. Flynn, both of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

We are asked to decide whether the appellee, Oklahoma Gas & Electric Company, herein called electric company, may by permission of the state of Oklahoma, but without permission, or consent, of the Secretary of the Interior, construct and maintain a rural electric line upon and along a state highway, constructed and maintained by the state, a portion of which traverses land allotted in severalty to a restricted Indian of the Kickapoo Tribe...

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