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UNITED STATES v. PRUDEN

No. 3733.

172 F.2d 503 (1949)

UNITED STATES v. PRUDEN et ux.

United States Court of Appeals Tenth Circuit.

January 24, 1949.

Attorney(s) appearing for the Case

Elizabeth Dudley, of Washington, D. C. (A. Devitt Vanech, Asst. Atty. Gen., Robert E. Shelton, U. S. Atty., of Oklahoma City, Okl., Roger P. Marquis and S. Billingsley Hill, Jr., both of Washington, D. C., on the brief), for appellant.

J. I. Gibson of Oklahoma City, Okl. (Ryan Kerr of Attus, Okl., and Savage, Gibson & Benefield, of Oklahoma City, Okl., on the brief), for appellees.

Chas. H. Garnett, of Oklahoma City, Okl., amicus curiae.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

The question presented on this appeal is whether the United States has an easement or right-of-way for the construction of an irrigation ditch across a tract of land in Jackson County, Oklahoma. The land was part of the school lands granted to Oklahoma by the Enabling Act, approved June 16, 1906, 34 Stat. 267. In 1916, the Commissioners of the Land Office of Oklahoma sold the land to John S. Wood, and a certificate of purchase was issued to...

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