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MIDWESTERN DEVELOPMENTS, INC. v. CITY OF TULSA, OKLAHOMA

No. 7511.

333 F.2d 1009 (1964)

MIDWESTERN DEVELOPMENTS, INC., Appellant, v. The CITY OF TULSA, OKLAHOMA, a municipal corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 19, 1964.

Attorney(s) appearing for the Case

Robert J. Woolsey, of Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., for appellant.

John Robert Seelye, Tulsa, Okl. (Charles E. Norman, City Atty., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment dismissing, for lack of federal jurisdiction, a claim brought under 28 U.S.C. § 1331 as one involving requisite amount in controversy and arising out of federal law. The suit sought to quiet title to and recover damages for the taking of a strip of land in Tulsa County, Oklahoma, formerly part of a railroad right-of-way over a Creek Indian allotment. The trial Court did not think that the "necessary allegations...

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