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COMMISSIONER OF INTERNAL REVENUE v. OWENS

Nos. 1074, 1075.

78 F.2d 768 (1935)

COMMISSIONER OF INTERNAL REVENUE v. OWENS. SAME v. BRAZELL.

Circuit Court of Appeals, Tenth Circuit.

July 3, 1935.

Attorney(s) appearing for the Case

F. W. Dewart, Sp. Asst. to Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and J. P. Jackson, Sp. Assts. to Atty. Gen., on the briefs), for the United States.

Maxwell M. Mahany, of Bartlesville, Okl., for respondents.

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

PHILLIPS, Circuit Judge.

The Dawes Commission allotted a tract of land in Creek County, Oklahoma, to Barney Thlocco, a full-blood Creek Indian, who died about the time such allotment was made. Oil and gas were discovered in Creek County, and on November 1, 1913, the United States brought a suit in the District Court of the United States for the Eastern District of Oklahoma against Bessie Wildcat and others claiming to be the...

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