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UNITED STATES v. MASHUNKASHEY

Nos. 1030 and 1031.

73 F.2d 487 (1934)

UNITED STATES v. MASHUNKASHEY et al. MASHUNKASHEY v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 10, 1934.

Attorney(s) appearing for the Case

Pedro Capo-Rodriguez, of Washington, D. C., and Joe W. Howard, Asst. U. S. Atty., of Tulsa, Okl. (Harry W. Blair, Asst. Atty. Gen., C. E. Bailey, U. S. Atty., of Tulsa, Okl., and Clifford E. Fix, Sp. Asst. to Atty. Gen., on the brief), for the United States.

C. B. Stuart, of Tulsa, Okl. (M. L. Holcombe and Clarence Lohman, both of Pawhuska, Okl., and E. J. Doerner, W. E. Hudson, and R. D. Hudson, all of Tulsa, Okl., on the brief), for Rosa Mashunkashey and others.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PER CURIAM.

In a petition for rehearing filed herein by Rosa Mashunkashey, the statement is made that Charles Mashunkashey died pending the appeal, and all the property involved herein has descended to persons under no governmental restrictions. We are asked to modify our order on that account. This we cannot do. This court is not the forum to explore in the first instance the facts of death and descent, nor the law applicable thereto. If facts have arisen pending...

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