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BYNUM v. LIBERTY NATIONAL BANK & TRUST CO. OF OKLAHOMA CITY

Nos. 7568-7570, 7600.

338 F.2d 412 (1964)

Ola BYNUM, Gwendolyn Bynum Hurst, Robert Hurst, Roy Bynum, Jr., Anita Bynum Smith, Miller Allford, Dorothy Allford, Ola Bynum, Executrix of the Estate of Roy Bynum, deceased, Ola Bynum, Individually, E. C. Bynum, Executor of the Estate of Fred Bynum, deceased, E. C. Bynum, Individually, and Grace Bynum, Appellants, v. The LIBERTY NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY as Administrator of the Estate of C. S. Burgess, deceased, A. O. Urquhart, Lois Urquhart, C. E. Bowlby, Jr., Ann B. Carson, Frank D. Bowlby, and Elizabeth B. McWilliams, Appellees. Miller ALLFORD and Dorothy Allford, Appellants, v. Louisa TARLOSHAW, Coweta Chisholm, Mattie Tarloshaw, George Tarloshaw, Willie Tarloshaw, Susie Tarloshaw, and Wesley Tarloshaw, Appellees. Ola BYNUM, Executrix of the Estate of Roy Bynum, deceased, and Ola Bynum, Individually and Gwendolyn Bynum Hurst, Robert Hurst, Miller Allford, and Dorothy Allford, Appellants, v. Ella BARNETT, now King, Appellee. BOARD OF COUNTY COMMISSIONERS OF PITTSBURG COUNTY, OKLAHOMA, Appellant, v. Ola BYNUM, Individually, Ola Bynum, Executrix of the Estate of Roy V. Bynum, E. C. Bynum, Executor of the Estate of Fred E. Bynum, Roy Bynum, Jr., E. C. Bynum, Grace Bynum, Individually, Gwendolyn Bynum Hurst, and Robert Hurst, Appellees.

United States Court of Appeals Tenth Circuit.

November 24, 1964.

Attorney(s) appearing for the Case

Walter J. Arnote, McAlester, Okl. (David K. Petty and Arnote, Bratton & Allford, McAlester, Okl., were with him on the brief), for appellants in No. 7568, 7569 and 7570, and for appellees in No. 7600.

Val R. Miller and Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl., submitted on brief for appellee Liberty National Bank and Trust Co. of Oklahoma City, Administrator of the Estate of C. S. Burgess, Deceased, in No. 7568.

Richard L. Gossett and Stipe, Gossett & Stipe, McAlester, Okl., submitted on brief for appellees A. O. Urquhart and Lois Urquhart in No. 7568.

No appearance for other appellees in No. 7568.

Helen A. Adair, Muskogee, Okl. (Harold R. Shoemake, Field Solicitor, Department of Interior, was with her on the brief), for appellees in No. 7569 and 7570.

J. Edwin Carman, Coal Gate, Okl. (Richard Penix, McAlester, Okl., was with him on the brief), for appellant in No. 7600.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

These four consolidated appeals grow out of condemnation proceedings to acquire land for the Eufala Dam and Reservoir project in Oklahoma. In each case title was contested and determined but no award of compensation was made. In Nos. 7568, 7569, and 7570 the trial court entered appropriate orders under Rule 54(b), F.R.Civ.P., to permit the appeals. No such order was made in No. 7600, which relates to tract No. 6004. Accordingly we have...

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