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UNITED STATES v. MULLENDORE

Nos. 8417, 8439.

35 F.2d 78 (1929)

UNITED STATES v. MULLENDORE et al. SAME v. HUNTER, County Treasurer.

Circuit Court of Appeals, Eighth Circuit.

September 30, 1929.

Attorney(s) appearing for the Case

Louis N. Stivers, Asst. U. S. Atty., of Tulsa, Okl. (John M. Goldesberry, U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

J. H. Maxey, of Tulsa, Okl., and C. Kenny Templeton, of Pawhuska, Okl. (T. J. Leahy and C. S. Macdonald, both of Pawhuska, Okl., on the brief), for appellees Mullendore et al.

C. Kenny Templeton, of Pawhuska, Okl., for appellee Hunter.

Before LEWIS and VAN VALKENBURGH, Circuit Judges, and SYMES, District Judge.

LEWIS, Circuit Judge.

The question for decision in this suit is, whether Osage homestead allotments inherited by non-competent Osages of half or more Indian blood from a non-competent allottee of like degree of Indian blood are taxable. The suit was brought by appellants in behalf of the heirs. The bill alleges that Fannie Wheeler was an Osage Indian of half or more Indian blood, that she was enrolled as such opposite Roll No. 732; that under the Act of June 28, 1906...

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