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OKLAHOMA GAS & ELEC. CO. v. UNITED STATES

No. 77-1939.

609 F.2d 1365 (1979)

OKLAHOMA GAS AND ELECTRIC COMPANY, an Oklahoma corporation, Plaintiff-Appellee, v. UNITED STATES of America, Trustee and Owner of the legal title to said land for the use and benefit of a certain restricted Indian, and Willis E. Robedeaux and Juanita A. Robedeaux, his wife; and United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; and The Equitable Life Assurance Society of the United States, Defendants-Appellees, and Citizens State Bank, Morrison, Oklahoma, Defendant, and Red Rock Co-op, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 26, 1979.

Rehearing Denied January 9, 1980.

Attorney(s) appearing for the Case

Clee Fitzgerald of Fitzgerald, Houston & Worthington, Stillwater, Okl., for defendant-appellant.

Maryann Walsh, U. S. Dept. of Justice, Washington, D.C. (with James W. Moorman, Asst. Atty. Gen., Washington, D.C., Hubert H. Bryant, U. S. Atty., and Hubert A. Marlow, Asst. U. S. Atty., Tulsa, Okl., and Carl Strass, U. S. Dept. of Justice, Washington, D.C., on the brief), for defendant-appellee United States.

Roy E. Grantham of Grantham, Casey & Kirkpatrick, Ponca City, Okl., for defendants-appellees Willis E. Robedeaux and Juanita A. Robedeaux.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This is a condemnation action instituted by Oklahoma Gas and Electric Company. The subject land was part of a parcel allotted in 1907 to William Robedeaux, an Otoe Indian, pursuant to the General Allotment Act, now codified in Title 25 of the United States Code. Under § 348, the land is held in trust by the United States for the benefit of the allottee for a period which has been extended by the President to the time of this suit.

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