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UNITED STATES v. CITY OF PAWHUSKA

No. 73-1940.

502 F.2d 821 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. CITY OF PAWHUSKA, Oklahoma, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 3, 1974.

Attorney(s) appearing for the Case

Carl Strass, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., Nathan G. Graham, U. S. Atty., Jack M. Short, Asst. U. S. Atty., and Edmund B. Clark, Atty., Dept. of Justice, on the brief), for plaintiff-appellant.

Robert S. Rizley, Tulsa, Okl. (Rizley, Prichard, Ford, Norman & Reed, Tulsa, Okl., W. Robert Wilson, and Files, Mahan, Wilson & Young, Pawhuska, Okl., on the brief), for defendant-appellee.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This action by the United States as the trustee for the Osage Tribe of Indians seeks damages for loss of tribal mineral deposits by inundation of about 291 acres of land by a city reservoir. The trial court held for the City. The appeal concerns the sufficiency of the evidence to sustain the trial court's findings and availability of certain legal defenses pertinent to litigation over oil and gas leases. We reverse.

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