UNITED STATES v. ELLIOTT

No. 2473.

131 F.2d 720 (1942)

UNITED STATES v. ELLIOTT et al.

Circuit Court of Appeals, Tenth Circuit.

November 9, 1942.


Attorney(s) appearing for the Case

John P. Hearne, Atty., Dept. of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Whitfield Y. Mauzy, U. S. Atty., and Chester A. Brewer, Asst. U. S. Atty., both of Tulsa, Okl., and Vernon L. Wilkinson, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

Clyde Morsey, of Miami, Okl., for appellees, James W. Elliott, Lena Elliott, Clyde Morsey, and Susanne Morsey.

Robert L. Davidson, of Tulsa, Okl. (Edward P. Marshall and Jesse L. Ballard, both of Vinita, Okl., on the brief), for Grand River Dam Authority.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


PHILLIPS, Circuit Judge.

This is an appeal by the United States from a judgment awarding compensation in a condemnation proceeding. The proceeding was instituted by the Grand River Dam Authority to condemn approximately 40 acres of land, known as Turkey Island,1 situated within the reservoir area of the Grand River Dam in Oklahoma. The island lies east of the middle of the river. Both the Cherokee and Seneca Nations claim ownership of...

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