BOHANON, District Judge.
Upon the evidence presented, argument of counsel, and Briefs, the Court makes the following Findings of Fact and Conclusions of Law.
Findings of Fact
1. That Ray Alfred Penix and Wauneta Penix, husband and wife, residents of Muskogee County, Oklahoma (hereinafter referred to as "Penix"), are the owners of the surface of the following described property in Muskogee County, Oklahoma, to-wit:
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