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ROBERTS v. ANDERSON

No. 770.

66 F.2d 874 (1933)

ROBERTS v. ANDERSON et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 1, 1933.

Attorney(s) appearing for the Case

Joseph C. Stone, of Muskogee, Okl. (D. Haden Linebaugh, Francis Stewart, and Julian B. Fite, all of Muskogee, Okl., on the brief), for appellant.

Merrick A. Whipple, of Tulsa, Okl. (F. M. Goodwin, of Washington, D. C., and O. C. Essman, of Tulsa, Okl., on the brief), for appellee Hanna Anderson.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl. (A. E. Williams, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

McDERMOTT, Circuit Judge.

Section 1 of the Act of Congress of June 14, 1918 (40 Stat. 606, 25 USCA § 375) provides that:

"A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner...

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