SMITH v. UNITED STATES

Nos. 77-1214, 77-1215.

593 F.2d 982 (1979)

Theron S. SMITH, Jesse Helzer and Violet Elma Helzer, husband and wife, and Amoco Production Company, Plaintiffs-Appellants-Cross-Appellees, v. UNITED STATES of America, Defendant-Appellee-Cross-Appellant, and J. P. Stephenson, Elmer M. Novak, the Charles and Els Bendheim Foundation, Inc., Gertrude Jo Myers, Executrix of the Estate of Louis P. Myers, Deceased, and the Termo Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 13, 1979.


Attorney(s) appearing for the Case

Bryce L. Hodgden of Hieronymus, Hodgden & Halley, Woodward, Okl., and Frank W. Wewerka, Amoco Products Company, Denver, Colo., for plaintiffs-appellants-cross-appellees.

E. Blumhagen, Watonga, Okl., for defendant-appellee J. P. Stephenson.

C. Harold Thweatt of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for defendant-appellee The Termo Co.

James W. Moorman, Acting Asst. Atty. Gen., George R. Hyde and Glen R. Goodsell, Dept. of Justice, Washington, D. C., and John E. Green, U. S. Atty., Oklahoma City, Okl., for defendant-appellee-cross-appellant United States of America.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiffs-appellants Theron S. Smith, Jesse Helzer and Violet Elma Helzer, who own land on the west bank of the South Canadian River in Dewey County, Oklahoma, filed a suit in federal court to quiet title to surface and mineral rights in 147.12 acres of land on the east side of the river. Jurisdiction is based upon 28 U.S.C. § 2409a, since the United States is named a defendant and claims title to the surface and mineral rights of the tract...

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