SIMONS v. UNITED STATES

No. 25945.

413 F.2d 531 (1969)

Edward J. SIMONS et al., Appellants. v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 5, 1969.


Attorney(s) appearing for the Case

Frank Gibson, R. M. Helton, Donald E. Short, Wichita Falls, Tex., for appellants.

Clyde O. Martz, Asst. Atty. Gen., Land and Natural Res. Div., Raymond N. Zagone, William M. Cohen, Attys., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Kenneth J. Mighell, Asst. U. S. Atty., Ft. Worth, Tex., for appellees.

Before JONES and COLEMAN, Circuit Judges, and CHOATE, District Judge.


JONES, Circuit Judge:

The appellants claim ownership of land which they assert to be in Wichita County, Texas, having the South bank of the Red River as its Northern boundary. The South bank of the Red River has been established as the boundary line between Texas and Oklahoma. The lands in Oklahoma, across the river North of the lands claimed by the appellants, are Indian lands, held by the United States as trustee for designated Indians.

Subsequent to the...

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