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STONE v. McFARLIN

No. 5591.

249 F.2d 54 (1957)

Olin R. STONE, Aldo Stone, Vera C. Smith, Francis A. Miller, and the Wood Oil Company, a corporation, Appellants, v. Danube McFARLIN, Mamie Sue McFarlin, Dave Morgan, Dave Morgan, doing business as Dave Morgan Oil Company, R. L. Tayloe, Rosalind No Ear, and The Bureau of Indian Affairs of the Department of Interior of the United States of America, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 29, 1957.

Attorney(s) appearing for the Case

Neal E. McNeill, Jr. and Neal E. McNeill, Tulsa, Okl., for appellants.

Robert S. Griswold, Jr., Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Paul W. Cress and Leonard L. Ralston, U. S. Attys., Oklahoma City, Okl., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for United States, appellee.

W. D. Greenshields, Ponca City, Okl. (Chester L. Armstrong, Jr., Ponca City, Okl., Wm. W. Rodgers, John H. Gurley, Blackwell, Okl., and Lynn Adams, Oklahoma City, Okl., on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and BREITENSTEIN, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by the appellees against appellants to quiet their title to a tract of land in Kay County, Oklahoma. The specific land in controversy is a tract which plaintiffs claim has become a part of Lot 9 owned by them by accretion. Danube McFarlin and Mamie Sue McFarlin alleged ownership of the fee title, other than a one-half interest in the mineral rights which it was asserted vested in Rosalind No Ear, a restricted Indian, for a...

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