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UNITED STATES v. FISHER-OTIS COMPANY, INC.

No. 73-1367.

496 F.2d 1146 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. The FISHER-OTIS COMPANY, INC., and Roy Fisher, Jr., Defendants-Appellants, Raymond H. Coit, Defendant.

United States Court of Appeals, Tenth Circuit.

Decided May 14, 1974.

Rehearing Denied June 11, 1974.

Attorney(s) appearing for the Case

Larry G. Gutterridge, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., Richard A. Pyle, U. S. Atty., and Edmund B. Clark, Atty., Washington, D. C. on the brief), for plaintiff-appellee.

A. Camp Bonds, Jr., Muskogee, Okl., for defendants-appellants.

Before LEWIS, Chief Judge, DURFEE, Senior Judge, and BARRETT, Circuit Judge.

DURFEE, Senior Judge.

The United States instituted this action for declaratory judgment1 to establish its rights, under a flowage easement deed, in certain tracts of land owned by defendants, the Fisher-Otis Co., Inc., Roy Fisher, Jr., and Raymond H. Coit. Defendants appeal2 from an adverse decision in the United States District Court for the Eastern District of Oklahoma...

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