Supreme Court of United States.https://leagle.com/images/logo.png
Argued October 22-23, 1969.
Reargued March 5, 1970
Decided April 27, 1970
Attorney(s) appearing for the Case
Lon Kile argued the cause for petitioners in No. 41 on the original argument and on the reargument. With him on the briefs was J. D. McLaughlin. Peyton Ford argued the cause for petitioner in No. 59 on the original argument and on the reargument. With him on the briefs were Michael S. Yaroschuk, Andrew C. Wilcoxen, Earl Boyd Pierce, and Paul M. Niebell.
M. Darwin Kirk and G. T. Blankenship, Attorney General of Oklahoma, argued the cause for respondents in both cases on the reargument. Mr. Kirk argued the cause for respondents in both cases on the original argument. With them on the brief were David O. Cordell, Riley B. Fell, Julien B. Fite, N. A. Gibson, S. M. Groom, Jr., Oscar L. Hasty, William P. McClure, Heartsill Ragon, Robert W. Richards, Varley H. Taylor, S. W. Wells, and Judson S. Woodruff.
Louis F. Claiborne argued the cause for the United States as amicus curiae urging reversal in both cases on the original argument and on the reargument. With him on the brief were Solicitor General Griswold, Assistant Attorney General Kashiwa, Roger P. Marquis, and Frank B. Friedman.
Charles A. Hobbs filed a brief for Wilkinson, Cragun & Barker as amicus curiae urging reversal in both cases.
Supreme Court of United States.
MR. JUSTICE MARSHALL delivered the opinion of the Court.
These cases involve a dispute over the title to land underlying the navigable portion of parts of the Arkansas River in the State of Oklahoma. As a practical matter, what is at stake is the ownership of the minerals beneath the river bed and of the dry land created by navigation projects that are narrowing and deepening the river channel.
In December 1966, petitioner Cherokee Nation brought suit in the...
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