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AMERICAN SURETY CO. OF NEW YORK v. UNITED STATES

No. 2026.

112 F.2d 903 (1940)

AMERICAN SURETY CO. OF NEW YORK v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

May 29, 1940.

Attorney(s) appearing for the Case

Stephen Chandler, Troy Shelton, Richard W. Fowler, John W. Swinford, and Edgar S. Vaught, Jr., all of Oklahoma City, Okl., for appellant.

Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., and Charles R. Denny, Jr., and Roger P. Marquis, Attys., Department of Justice, both of Washington, D. C., for the United States.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

The United States brought this suit against Andrew P. Gunther and the American Surety Company of New York1 to recover royalties due under a lease on certain coal lands of the Choctaw and Chickasaw Indian Tribes situated in Le Flore County, Oklahoma.

The land covered by the lease was set aside by the Atoka Agreement, Act of June 28, 1898, 30 Stat. 495, 505, as the common property of the members of the Choctaw...

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