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OKLAHOMA TURNPIKE AUTHORITY v. BRUNER

No. 00-5205.

259 F.3d 1236 (2001)

Oklahoma Turnpike Authority, a Body Corporate and Politic, Plaintiff, v. Diana J. Bruner, Personally and as the Personal Representative of the Estate of Elliott Daniel Bruner; Defendant-Appellant, Leda V. Bruner, formerly known as Leda V. Burgess; Elliott Bim Bruner; Steve Bruner, also known as Bim Stephen Bruner; Bureau of Indian Affairs, Department of Interior, United States of America, Defendants-Appellees, and 18.31 Acres of Land, More or Less, Situated in the County of Tulsa, State of Oklahoma; Son Billy, Inc., An Oklahoma Corporation; Tulsa County Board of Commissioners; Tulsa County Treasurer; John Doe, sued as: Unknown Owners, Defendants.

United States Court of Appeals, Tenth Circuit.

August 6, 2001.

Attorney(s) appearing for the Case

Steven M. Harris and Michael D. Davis, Doyle & Harris, Tulsa, Oklahoma, for Appellant.

Geoffrey M. Standing Bear, Pawhuska, Oklahoma, for Appellees Leda V. Bruner, Elliot Bim Bruner, and Steve Bruner.

Thomas Scott Woodward, United States Attorney, Cathryn McClanahan, Assistant United States Attorney, Tulsa, Oklahoma, for Appellee Bureau of Indian Affairs.

Before Chief Circuit Judge, Circuit Judge, and Circuit Judge.

CUDAHY, Circuit Judge.

Diana Bruner, the widow of Daniel Bruner, brought cross-claims against Daniel's parents in a condemnation action that had been instituted by the Oklahoma Turnpike Authority.1 Diana's cross-claims sought to establish her interest in four tracts of land (two of which were subject to the condemnation proceeding, and two of which were not) to which Daniel's parents...

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