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SMITH v. UNITED STATES

No. 2075.

113 F.2d 191 (1940)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 29, 1940.

Attorney(s) appearing for the Case

Dyke Ballinger, of Miami, Okl. (A. C. Wallace and Bryce Ballinger, both of Miami, Okl., on the brief), for appellant.

Frank J. Dugan, Atty., Dept. of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Whitfield Y. Mauzy, U. S. Atty., of Tulsa, Okl., and Charles R. Denny, Jr., and Jacob N. Wasserman, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

On October 2, 1924, the heirs of Ruth Goodeagle, acting pursuant to the Act of March 3, 1921, 41 Stat. 1225, 1249, entered into a written lease with George W. Moore, whereby they leased a restricted Quapaw allotment to Moore for mining purposes for the term of ten years from October 2, 1924, and for such additional period as lead and zinc minerals should be found therein in paying quantities. The lease was duly approved by the Secretary of...

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