UNITED STATES v. 1,606.00 ACRES OF LAND, ETC.

No. 81-1360.

698 F.2d 402 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. 1,606.00 ACRES OF LAND, More or Less, SITUATED IN TEXAS COUNTY, STATE OF OKLAHOMA; the Commissioners of the Land Office of the State of Oklahoma; First National Bank of Amarillo and Carol Sharon Thompson, Coexecutors for Henry Thompson, Dec'd; Colleen Hamilton, single; Ruth Jacobs, single; Donita Ford, single; Lloyd McCants, Jr.; George McCants; Robert L. Lyler, single; Joyce Oyler Grace; Janet Kesterson, single; and unknown others, Defendants, Julia F. Barbee; Shriner's Hospital for Crippled Children; First National Bank — Gilmore Partnership Account; Lona N. Graham, Rosalie Gilmore Shelton, Lewis Mayer, Wylie B. Beasley, Deceased; Prentis S. Beasley, aka Prentice S. Beasley; Grace Robertson Oiler Jessup; Waneta Rider; William Arthur Enz, and Robert Eugene Enz, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 18, 1983.


Attorney(s) appearing for the Case

Kathleen P. Dewey, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Larry D. Patton, U.S. Atty., John E. Green, Asst. U.S. Atty., Oklahoma City, Okl., Dirk D. Snel and Laura Frossard, Attys., Dept. of Justice, Washington, D.C., on the brief), for plaintiff-appellee.

Robert W. Pittman, Oklahoma City, Okl., for defendants-appellants.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The United States here instituted an action in the nature of a condemnation proceeding in which it sought to subordinate all oil, gas and other mineral rights in four tracts of land with the right of the United States to flood the tracts as necessary for the construction or operation of the Optima Lake project in Texas County, Oklahoma. The estates taken are described in the government's Declaration...

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