UNITED STATES v. SINCLAIR REFINING CO.

No. 2348.

126 F.2d 827 (1942)

UNITED STATES v. SINCLAIR REFINING CO.

Circuit Court of Appeals, Tenth Circuit.

March 11, 1942.


Attorney(s) appearing for the Case

Frank J. Dugan, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Whit Y. Mauzy, U. S. Atty., of Tulsa, Okl., John F. Cotter and Charles R. Denny, Jr., both of Washington, D. C., Macdonald & Files, of Pawhuska, Okl., and Moss & Young, of Tulsa, Okl., on the brief), for appellant.

Bradford J. Williams and Paul B. Mason, both of Tulsa, Okl. (Edward H. Chandler, Summers Hardy, and Roscoe E. Harper, all of Tulsa, Okl., on the brief), for appellee.

R. H. Wills, of Tulsa, Okl. (Donald Campbell, Clay Tallman, L. G. Owen, Guy H. Woodward, and Ray S. Fellows, all of Tulsa, Okl., on the brief), amici curiae.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

The United States, in its own behalf and on behalf of the Osage Tribe of Indians, instituted this action against Sinclair Refining Company, a common carrier of oil by pipe line, to recover damages. After answering to the merits, the defendant filed a motion for summary judgment. The amended complaint in cause numbered 2569, entitled United States v. Sinclair Prairie Oil Company, lately pending in the trial court, motion to dismiss such cause...

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