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TRANSOK PIPELINE CO. v. DARKS

Nos. 76-1647, 76-1648 and 76-1972.

565 F.2d 1150 (1977)

TRANSOK PIPELINE COMPANY, an Oklahoma Corporation, Plaintiff-Appellee, v. Maxwell DARKS, Marvin Olivo, Agnes Lucas now Wesley, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 14, 1977.

Rehearing Denied December 12, 1977.

Attorney(s) appearing for the Case

Andrew Wilcoxen, Muskogee, Okl. (Kenneth W. East, Tutra, Okl., on brief), for plaintiff-appellee.

Carl Michael Smith and Robert G. Grove, Oklahoma City, Okl., for defendants-appellants Maxwell Darks and Marvin Olivo.

Gary P. Snow, Holdenville, Okl., for defendant-appellant Agnes Lucas now Wesley.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The appellee Transok Pipeline Company brought this condemnation suit against Marvin Olivo, Maxwell Darks and Agnes Lucas now Wesley, and a number of others. The purpose of the action was to condemn an easement for the underground storage of natural gas, pursuant to an Oklahoma statute, 52 O.S. § 36.3 et seq. Federal jurisdiction is said to arise under 25 U.S.C. § 357, which authorizes the condemnation of lands allotted in...

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