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JOHNSON v. UNITED STATES

Nos. 754, 755.

64 F.2d 674 (1933)

JOHNSON et al. v. UNITED STATES et al. (two cases).

Circuit Court of Appeals, Tenth Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

No. 754:

H. A. Ledbetter, J. E. Williams, and W. D. Potter, all of Ardmore, Okl., and Robert A. Hefner, of Oklahoma City, Okl. (H. E. Ledbetter and E. H. Williams, both of Ardmore, Okl., on the brief), for appellants.

W. F. Rampendahl, U. S. Atty., of Muskogee, Okl., for appellees.

No. 755:

H. A. Ledbetter, of Ardmore, Okl. (H. E. Ledbetter, of Ardmore, Okl., on the brief), for appellants.

W. F. Rampendahl, U. S. Atty., of Muskogee, Okl., for appellees.

Before LEWIS, PHILLIPS, and MCDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

These appeals involve the construction to be given to the second proviso to section 9 of the Act of May 27, 1908 (35 Stat. 312). That act provided for the allotment of the lands of the Five Civilized Tribes, and placed certain restrictions on the alienation of some of the allotments. No allotments were made to the issue of tribal members born after March 4, 1906, provision for their support being made in section 9. That section first enacts...

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