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WORK v. McALESTER, ETC. CO.

No. 258.

262 U.S. 200 (1923)

WORK, SECRETARY OF THE INTERIOR, JOHNSON, GOVERNOR OF THE CHICKASAW NATION, ET AL. v. UNITED STATES EX REL. McALESTER-EDWARDS COMPANY.

Supreme Court of United States.

Decided May 21, 1923.

Attorney(s) appearing for the Case

Mr. H.L. Underwood, with whom Mr. Solicitor General Beck and Mr. Assistant Attorney General Riter were on the brief, for plaintiffs in error.

Mr. G.G. McVay and Mr. E.O. Clark filed a brief on behalf of the Chickasaw and Choctaw Nations, plaintiffs in error.

Mr. George M. Porter and Mr. Conrad H. Syme, with whom Mr. John L. Fuller and Mr. James W. Beller were on the brief, for defendant in error.

MR. CHIEF JUSTICE TAFT, after stating the case as above, delivered the opinion of the Court.

Two questions are to be decided in this case. The first is under what appraisement the preferential right conferred on the relator by the second section of the Act of 1918 to purchase the surface previously reserved to it by the Secretary of the Interior, was to be exercised. Should it have been under that of the Act of 1912, or under that ordered by the Secretary after the...

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