[DOWNLOAD] "Transok Pipeline Co. v. Darks" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Transok Pipeline Co. v. Darks
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 14, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

DOYLE, Circuit Judge. The appellee Transok Pipeline Company brought this condemnation suit against Marvin Olivo, Maxwell Darks and Agnes Lucas now Wesley, and a number of others. The purpose of the action was to condemn an easement for the underground storage of natural gas, pursuant to an Oklahoma statute, 52 O.S. § 36.3 et seq. Federal jurisdiction is said to arise under 25 U.S.C. § 357, which authorizes the condemnation of lands allotted in severalty to Indians in the same manner as lands owned in fee. Jurisdiction as to appellants Darks and Olivo, who are not Indians, rests on the fact that a number of restricted Indians, including the appellant here, Lucas now Wesley, and the United States government, the fee holder in trust of Indian lands, are all named as defendants. Darks' cotenant in one tract and the mineral owners in his and Olivo's property are restricted Indians. This presents a somewhat tenuous problem with respect to pendent jurisdiction over state claims against persons other than the defendants on the federal claim, where a common nucleus of fact is present in both the federal claims and the state claim.

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