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CITY OF WILBURTON v. SWAFFORD

No. 5663.

253 F.2d 479 (1958)

CITY OF WILBURTON, OKLAHOMA, Magnolia Petroleum Company, Deno Maggi and Mike Hugo, Appellants, v. Alex SWAFFORD, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 14, 1958.

Attorney(s) appearing for the Case

James E. Horigan, Oklahoma City, Okl. (M. C. Spradling, Tulsa, Okl., Bob Perdue, Wilburton, Okl., and Basil S. Null, Hartshorne, Okl., on the brief), for appellants.

Neal E. McNeill, Jr., Tulsa, Okl. (Neal E. McNeill, Tulsa, Okl., on the brief), for appellee.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

MURRAH, Circuit Judge.

This suit involves the title to the abandoned right of way of the M. K. & T. Railway Company within the limits of the City of Wilburton, Latimer County, Oklahoma. The parcels were originally Indian lands of the Chickasaw and Choctaw Tribes, and the first and principal question is whether, upon abandonment, title thereto reverted to the City of Wilburton, or to the successor to the patentee from...

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