United States v. Oklahoma Gas & Electric Co.

The United States sued the Oklahoma Gas and Electric Company in the United States District Court asking a declaratory judgment that the Company illegally occupies with its pole line certain Indian land, and a mandatory injunction to terminate such occupation. The case turns on whether permission to the State of Oklahoma to establish a highway over allotted Indian land given under § 4 of the Act of March 3, 1901, 1 includes the right to permit maintenance of rural electric service lines within the highway bounds.

The United States at all relevant times held title to half of a quarter section of…