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CHOCTAW NATION v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

No. 9572.

396 F.2d 578 (1968)

CHOCTAW NATION and Chickasaw Nation, Appellants, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, and Davy C. Maner, Appellees.

United States Court of Appeals Tenth Circuit.

March 6, 1968.

Attorney(s) appearing for the Case

Lon Kile, Hugo, Okl., for appellants.

Streeter B. Flynn, Oklahoma City, Okl. (Dan M. Welch, of Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, Okl., on the brief), for appellees.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellants-plaintiffs Choctaw Nation and Chickasaw Nation, two Indian tribes, brought suit to secure possession of, quiet title to, and recover a reasonable rental for a tract of about 200 acres formerly reserved from allotment because of an easement acquired by a predecessor of the appellee, The Atchison, Topeka and Santa Fe Railway Company. The district court sustained a motion to dismiss and this appeal followed.

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