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CHOCTAW & CHICKASAW NATIONS v. CITY OF ATOKA, OKL.

No. 4657.

207 F.2d 763 (1953)

CHOCTAW & CHICKASAW NATIONS v. CITY OF ATOKA, OKLAHOMA.

United States Court of Appeals, Tenth Circuit.

October 28, 1953.

Attorney(s) appearing for the Case

W. F. Semple, Tulsa, Okl. (Lynn Adams, Oklahoma City, Okl., on the brief), for appellants.

Roy Paul, Durant, Okl., and I. O. Correll, Atoka, Okl. (Paul & McPheron, Durant, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

The Choctaw and Chickasaw Nations1 brought this action against the City of Atoka, Oklahoma,2 to quiet the title to a 450.96-acre tract of land situated near the City in Atoka County, Oklahoma, and to recover damages for the alleged wrongful withholding of possession of the land.

On September 27, 1830, the United States and the Choctaw Nation entered into a treaty

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