UNITED STATES v. CITY OF McALESTER, OKL.

No. 76-1455.

604 F.2d 42 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. CITY OF McALESTER, OKLAHOMA, a/k/a City of South McAlester, Oklahoma, Charley Chiusana, J. T. Hall, a/k/a Joe Turner Hall, Jim Burrows, Earnest Berry, Phillip Orlandees, Joe Whitefield, Don Ketcham, Bill Lyons, and Unknown Lessees, Licensees, and Permittees, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 14, 1979.


Attorney(s) appearing for the Case

Maryann Walsh, Atty., Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Richard A. Pyle, U. S. Atty., Muskogee, Okl., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellant.

Donald R. Hackler, City Atty., McAlester, Okl., for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY and LOGAN, Circuit Judges, sitting en banc.


HOLLOWAY, Circuit Judge.

The United States appeals from a judgment of the United States District Court for the Eastern District of Oklahoma, 410 F.Supp. 848, holding valid an easement for a municipal waterworks obtained by the City of McAlester over lands owned by the Choctaw and Chickasaw Nations (the Nations), and denying declaratory and injunctive relief.

At the request of the Secretary of the Interior the United States...

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