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UNITED STATES v. EASTERN COAL & MINING CO.

No. 796.

66 F.2d 923 (1933)

UNITED STATES v. EASTERN COAL & MINING CO. et al.

Circuit Court of Appeals, Tenth Circuit.

September 7, 1933.

Attorney(s) appearing for the Case

Grady Lewis, Choctaw National Atty. and Special Asst. to Atty. Gen. (W. F. Rampendahl, U. S. Atty., of Muskogee, Okl., on the brief), for appellant.

B. Broaddus, of Muskogee, Okl., for appellee United States Fidelity & Guaranty Co.

James H. Gordon, of McAlester, Okl., for appellee Eastern Coal & Mining Co.

Before LEWIS and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

LEWIS, Circuit Judge.

This suit is based on a coal mining lease made and executed under the provisions of section 29 of the Act of June 28, 1898 (30 Stat. 495, 505), on segregated lands of the Choctaw Tribe of Indians. The lease bears date September 26, 1899. It contains substantially the same provisions that lease No. 6 contained, which we have just considered in our opinion entitled United States of America v. Missouri-Kansas-Texas Railroad Company, et al.,

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