ST. LOUIS-SAN FRANCISCO RAILWAY CO. v. TOWN OF FRANCIS

No. 5597.

249 F.2d 546 (1957)

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a corporation, Appellant, v. The TOWN OF FRANCIS, a municipal corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 5, 1957.


Attorney(s) appearing for the Case

Harvey L. Harmon, Oklahoma City, Okl. (James L. Homire, St. Louis, Mo., and Satterfield, Franklin & Harmon, Oklahoma City, Okl., were with him on the brief), for appellant.

G. C. Mayhue, Jr., Ada, Okl. (Kerr, Lambert, Conn & Roberts, Ada, Okl., were with him on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

St. Louis-San Francisco Railway Company, through its predecessor in title, acquired a right-of-way through the Indian Territory by virtue of 1896 and 1902 Congressional Acts. The right-of-way passed through the Town of Francis, Potontoc County, Oklahoma. The plaintiff, Great Western Oil & Gas Company, a corporation,1 was the owner of oil and gas leases covering lots abutting the railroad right-of-way within...

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