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GARLAND COAL AND MINING COMPANY v. BRANT

No. 72-197.

385 F.Supp. 567 (1974)

GARLAND COAL AND MINING COMPANY, Plaintiff, v. D. C. BRANT and Lizzie Brant, Defendants.

United States District Court, E. D. Oklahoma, Civil Division.

August 2, 1974.

Attorney(s) appearing for the Case

Alpheus Varner, Poteau, Okl., for plaintiff.

Hardy Summers, Muskogee, Okl., for defendants.

ORDER

DAUGHERTY, Chief Judge.

This suit was brought pursuant to section 3 of the Act of Congress of February 19, 1912 which provides:

"(Sec. 3.) That sales of the surface under this act shall be upon the conditions that the Choctaw and Chickasaw Nations, their grantees, lessees, assigns, or successors, shall have the right at all times to enter upon said lands for the purposes of prospecting for coal or asphalt thereon, and also the right of underground...

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