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CHOCTAW NATION v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

No. 9573.

396 F.2d 582 (1968)

CHOCTAW NATION and Chickasaw Nation, Appellants, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, and Lee F. White, O. R. Smiley and Mamie Smiley, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 8, 1968.

Attorney(s) appearing for the Case

Lon Kile, Hugo, Okl., for appellants.

Streeter v. Flynn, Oklahoma City, Okl. (Reuel W. Little, Madill, Okl., on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a companion case to Choctaw Nation v. Atchison, Topeka and Santa Fe Railway Company, 10 Cir., 396 F.2d 578. Reference is made to the decision in that case for the pertinent treaties and statutes.

The land in question is a 32-acre reservoir tract reserved from allotment because of an easement obtained for reservoir purposes by a predecessor of the appellee railway company in 1903. The complaint...

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