Citations
- 33 F. Supp. 261
Full opinion text
PER CURIAM.
Findings of Fact,
1. The defendant Leon C. Phillips is the duly qualified and acting Governor of the State of Oklahoma, and Commander-in-Chief of its National Guard and Militia.
2. The defendant Mac Q. .Williamson, is the duly qualified and acting Attorney General of the State of Oklahoma.
3. The defendant Louis A. Ledbetter, is the duly qualified and acting Adjutant General of the National Guard of the State of Oklahoma.
4. The defendants S. H. Singleton, George Meacham, and H. E. Bailey, are the duly qualified and acting members of the State Highway Commission, an agency of the State of Oklahoma, created and functioning by virtue of Article 2, of Chapter 50, of the Session Laws of 1939, of the ■ State of Oklahoma, 69 Okl.St.Ann. § 27.1 et seq.
5. The plaintiff has dismissed the complaint as against the defendant, State Highway Commission, but not against the members of the Commission as individual defendants.
6. The defendant Grand River Dam Authority is a conservation and reclamation district constituting a governmental agency of the State of Oklahoma and a body corporate and politic created and existing by virtue of Article 4 of Chapter 70 of the Session Laws of 1935 of the State of Oklahoma, as amended, 82 Okl.St.Ann. § 861 et seq., and having its domicile and principal place of business at Vinita, Oklahoma.
7. The defendants, Ray McNaughton, H. Eichenberger, Earl Ward, R. P. Colley, and M. Duncan, are the members of the Board of Directors of the Grand River Dam Authority. The defendant, T. P. Clonts’ is the General Manager of the Grand River Dam Authority and the defendant W. R. Holway is the Chief Engineer of said Authority.
8. The defendant Massman Construction Company, Inc., a corporation, duly organized and existing under the laws of the State of Missouri, is the general contractor with said Authority for the construction of the dam hereinafter referred to, and is doing business in the State of Oklahoma.
9. The defendant First National Bank of Miami, is a national banking association duly organized "and existing under the laws of the United States, having its principal place of business at Miami, Oklahoma, and is trustee under a certain indenture of