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CHOCTAW NATION v. STATE OF OKLAHOMA

No. 73-1447.

490 F.2d 521 (1974)

The CHOCTAW NATION and the Chickasaw Nation, Plaintiffs-Appellants, v. STATE OF OKLAHOMA and the Commissioners of the Land Office of the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 10, 1974.

Attorney(s) appearing for the Case

Lon Kile, Hugo, Okl. (Kile & Rabon, Hugo, Okl., on the brief), for plaintiffs-appellants.

Odie A. Nance, Asst. Atty. Gen., and R. R. Williamson, Jr., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen. of Oklahoma, on the brief), for defendants-appellees.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

The present appeal is the latest chapter in the dispute between certain Indian Tribes and the State of Oklahoma over the ownership of the bed of the Arkansas River between its confluence with the Grand River and the Oklahoma-Arkansas boundary. Brief reference to the history of this rather protracted litigation will place in focus the narrow issue presented by this appeal.

The Cherokees brought suit against Oklahoma and the holders...

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