MILLSAP v. ANDRUS

No. 81-2049.

717 F.2d 1326 (1983)

Claude MILLSAP, Sr., Plaintiff-Appellant, v. Cecil ANDRUS, Secretary of the Department of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 23, 1983.


Attorney(s) appearing for the Case

Richard D. Wagner and Stephen C. Wilkerson of Knight, Wagner, Stuart, Wilkerson & Lieber, Tulsa, Okl., for plaintiff-appellant.

Frank Keating, U.S. Atty., and Philard L. Rounds, Jr., Asst. U.S. Atty., N.D. Okl., for defendants-appellees.

Before SETH, Chief Judge, McKAY, Circuit Judge, and BRATTON, District Judge.


McKAY, Circuit Judge.

The plaintiff appeals a district court ruling that the mining of dolomite falls within the reservation of "oil, coal, gas, or other minerals" contained in a warranty deed conveying to him rights in property formerly a part of the Osage Indian Reservation.

By Act of Congress approved on June 28, 1906, 34 Stat. 539, lands belonging to the Osage Indians, but held in trust by the United States, were divided among the Indians except that ...

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