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UNITED STATES v. CITY OF PAWHUSKA, OKL.

Nos. 76-1456 and 76-1457.

566 F.2d 1132 (1977)

UNITED STATES of America, Plaintiff-Appellant, Cross Appellee, v. CITY OF PAWHUSKA, OKLAHOMA, a Municipal Corporation, Defendant-Appellee, Cross Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 15, 1977.

Attorney(s) appearing for the Case

Glen R. Goodsell, Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Nathan G. Graham, U. S. Atty., Kenneth P. Snoke, Asst. Atty. Gen., and Carl Strass, Dept. of Justice, Tulsa, Okl., on brief), for plaintiff-appellant, cross appellee.

W. Robert Wilson, Pawhuska, Okl. (of Kane, Kane, Wilson & Mattingly, Pawhuska, Okl., and Robert S. Rizley of Rizley, Prichard, Ford, Norman & Reed, Tulsa, Okl., on brief), for defendant-appellee, cross appellant.

Before McWILLIAMS and DOYLE, Circuit Judges, and MARKEY, Chief Judge.

McWILLIAMS, Circuit Judge.

The United States, as trustee for the Osage Indian Tribe, brought the present action against the City of Pawhuska, Oklahoma in the United States District Court for the Northern District of Oklahoma. The action is based on continuing trespass and seeks monetary damages for the Tribe's loss of access to certain tribal mineral interests underlying a reservoir maintained by the City. The first trial of this matter resulted in a judgment in favor...

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