CHEROKEE NATION OR TRIBE OF INDIANS v. STATE OF OKLAHOMA

Nos. 9924, 9925.

402 F.2d 739 (1968)

The CHEROKEE NATION OR TRIBE OF INDIANS IN OKLAHOMA, the Choctaw Nation and the Chickasaw Nation, Appellants, v. STATE OF OKLAHOMA et al., Appellees.

United States Court of Appeals Tenth Circuit.

October 31, 1968.


Attorney(s) appearing for the Case

Earl Boyd Pierce, Muskogee, Okl., for appellant The Cherokee Nation. With him on the brief were Joseph Muskrat, Oklahoma City, Okl., Andrew C. Wilcoxen, Muskogee, Okl., and Jesse L. Ballard, Tulsa, Okl.

Lon Kile, Hugo, Okl., for appellants The Choctaw Nation and The Chickasaw Nation.

M. Darwin Kirk, Tulsa, Okl., for the appellees. With him on the brief were G. T. Blankenship, Atty. Gen., for the State of Oklahoma; N. A. Gibson, Oklahoma City, Okl., for Commissioners of the Land Office of the State of Oklahoma; Jay R. Bond and Ross, Holtzendorff & Bond, Oklahoma City, Okl., for Eason Oil Co.; Varley H. Taylor, Oklahoma City, Okl., for Humble Oil & Refining Co.; Robert W. Richards and S. M. Groom, Jr., Oklahoma City, Okl., for Mobil Oil Corp.; Judson S. Woodruff, McAfee, Dudley, Taft, Cates & Mark, Oklahoma City, Okl., and S. W. Wells, Tulsa, Okl., for Skelly Oil Co.; H. B. Watson, Jr., and Walker & Watson, Tulsa, Okl., for Union Oil Co. of California and Steve Gose; Frederic Dorwart and Holliman, Langholz & Runnels, Tulsa, Okl., for Lone Star Producing Co.; David O. Cordell, Eugene A. Hoefling, Riley B. Fell and Oscar L. Hasty, Tulsa, Okl., for Marathon Oil Co.; Glenn R. Davis, Boesche, McDermott & Eskridge, Tulsa, Okl., and Millard F. Carr, Denver, Colo., for Tenneco Oil Co.; Dale Hinson, Robert L. Trimble and Hudson, Keltner, Smith & Cunningham, Fort Worth, Tex., for Southland Royalty Co.; W. Douglas Weisbruch, Irving, Tex., for Lone Star Producing Co.

Roger P. Marquis, Washington, D.C., for amicus curiae the United States. With him on the brief were Clyde O. Martz, Asst. Atty. Gen., and Frank B. Friedman, Atty., Dept. of Justice.

Alpheus Varner, Poteau, Okl., for amici curiae Robert G. Carter, B. E. Cobb and Katherine Cobb Baker.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This controversy concerns the ownership of the bed of the Arkansas River between its confluence with the Grand River1 and the Oklahoma-Arkansas boundary. The Cherokees, Choctaws, and Chickasaws claim under deeds for vast areas executed by the United States. Oklahoma says that under the equal footing-implied trust doctrine it received title to the beds of navigable...

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