Legal Opinion
Midwestern Developments, Inc. v. The City of Tulsa, Oklahoma, a Municipal Corporation
Court of Appeals for the Tenth Circuit
Decided August 19, 1964No. 7511PublishedCited by 13 opinions
1Opinion of the Court
MURRAH, Chief Judge.
This is an appeal from a judgment dismissing, for lack of federal jurisdiction, a claim brought under 28 U.S.C. § 1331 as one involving requisite amount in controversy and arising out of federal law. The suit sought to quiet title to and recover damages for the taking of a strip of land in Tulsa County, Oklahoma, formerly part of a railroad right-of-way over a Creek Indian allotment. The trial Court did not think that the “necessary allegations” of the complaint stated a claim arising under federal law. We cannot agree.
The complaint alleged the allotment of the land to the…
2Cases cited5 opinions
- Taylor v. AndersonSupreme Court of the United States · 1914
- Norton v. LarneySupreme Court of the United States · 1925
- Viles v. SymesCourt of Appeals for the Tenth Circuit · 1942
- Mary Martinez v. Southern Ute Tribe, a CorporationCourt of Appeals for the Tenth Circuit · 1960
- St. Louis-San Francisco Railway Company, a Corporation v. Peter C. Walter, Betty Walter Allen, Jean Walter Davisson, and Daisy E. WalterCourt of Appeals for the Tenth Circuit · 1962
3Cited by13 opinions
- Oppenheim v. SterlingCourt of Appeals for the Tenth Circuit · 1966
- Comtronics, Inc. v. Puerto Rico Telephone Co.District Court, D. Puerto Rico · 1975
- Orvail Sherman v. American Federation of Musicians, an Unincorporated Association, DefendantCourt of Appeals for the Tenth Circuit · 1978
- A. C. McKoy Inc., a Corporation v. Fred P. Schonwald, M. P. Craig, Seymour G. Hootkins and B. E. Oil Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1965
- Midwestern Developments, Inc. v. The City of Tulsa, Oklahoma, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1967
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