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OKLAHOMA CITY-ADA-ATOKA RY. CO. v. CITY OF ADA

No. 4008.

182 F.2d 293 (1950)

OKLAHOMA CITY-ADA-ATOKA RY. CO. v. CITY OF ADA, Oklahoma.

United States Court of Appeals Tenth Circuit.

May 8, 1950.

Attorney(s) appearing for the Case

James D. Gibson, Muskogee, Okl. (Harvey J. Lambert, Ada, Okl., Chas. P. Gotwals, Muskogee, Okl., were with him on the brief), for appellant.

Mack M. Braly and Lowery H. Harrell, Ada, Okl., for appellee.

Before, HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

The City of Ada, Oklahoma, brought this action to quiet title to a strip of land now held by the Oklahoma City-Ada-Atoka Railway Company. The land in question was originally part of Indian lands, and was acquired in 1903 by condemnation proceedings under Section 13 of the Enid-Anadarko Act, Act of February 28, 1902, 32 Stat. 43, 47, granting the right "to take and condemn lands for right of way, depot grounds, terminals, and other railway purposes...

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