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JAMES v. LANGFORD

Nos. 81-2313, 81-2413 and 81-2428.

701 F.2d 123 (1983)

David L. JAMES and Ollen James, Plaintiffs, Appellees and Cross-Appellants, Bruce Wright, Mary Ben Wright and Anna Mae Stovall, Plaintiffs in Intervention, Appellees, v. P.P. LANGFORD, Linda Langford (Mrs. Jerry G.) Moore, Desiree Lynn Langford, Merissa Lafawn Langford, Shirley Langford, Defendants, Appellants and Cross-Appellees, United States of America, Defendant and Cross-Appellee, Commissioners of the Land Office, State of Oklahoma, Defendants and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 1, 1983.

Attorney(s) appearing for the Case

Robert F. Mitchell of Mitchell & Paul, Henrietta, Tex., (William G. Paul, Henrietta, Tex., with him on the brief), for defendants, appellants and cross-appellees Langford.

Charles Nesbitt, Oklahoma City, Okl., for plaintiffs, appellees and cross-appellants David L. James and Ollen James (James F. Howell, Midwest City, Okl., with him on the brief for plaintiffs in intervention and appellees Bruce Wright, Mary Ben Wright and Anna Mae Stovall).

Martin Green, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with him on the brief), for defendant and cross-appellee U.S.

M.C. Kratz, Jr., Gen. Counsel, Clyde E. Fosdyke, Oklahoma City, Okl., filed a brief on behalf of defendants and cross-appellants Com'rs of the Land Office, State of Oklahoma.

Before SETH, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

SETH, Chief Judge.

This suit is a quiet title action brought by David and Ollen James against the Langfords, the United States and the Land Commissioners of the State of Oklahoma. The dispute is over ownership of portions of the bed of the Red River. The plaintiffs are the surface owners of land, for the most part on the Oklahoma side, in Sections 13 and 24 of Township 5 South, Range 9 West, of the Indian Meridian. They claim ownership of the stream bed westerly to...

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