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YELLOWFISH v. CITY OF STILLWATER

No. 81-1948.

691 F.2d 926 (1982)

Cornelia DeRoin YELLOWFISH, Stella DeRoin Rowe, Willene DeRoin, Clarice DeRoin Rickman, Wilma DeRoin Guoladdle, Pearl H. DeRoin McKinney, Lillian Carson Morgan, Lena Shadlow Black, Louis (Lewis) Peters, Plaintiffs-Appellants, v. CITY OF STILLWATER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 12, 1982.

Attorney(s) appearing for the Case

Yvonne T. Knight of Native American Rights Fund, Boulder, Colo., for plaintiffs-appellants.

Winfrey D. Houston, Stillwater, Okl., and Laura Frossard, Dept. of Justice, Washington, D. C. (Christopher D. Szlichta of Szlichta & Morgan, and Lowell A. Barto, Asst. City Atty., with Winfrey D. Houston, Stillwater, Okl., on the brief), for defendant-appellee.

Before HOLLOWAY, DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

The City of Stillwater filed a petition in federal district court to condemn easements over the trust allotments of the nine Indian appellants (hereinafter collectively referred to as "Yellowfish") and other Indians in Noble County, Oklahoma, for the purpose of constructing a municipal water supply pipeline. The United States was joined as a defendant because the allotments under condemnation were originally issued under the General Allotment...

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