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CLINKENBEARD v. UNITED STATES

No. 1940.

109 F.2d 730 (1940)

CLINKENBEARD v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

February 12, 1940.

Attorney(s) appearing for the Case

Tom Biggers, of Wewoka, Okl. (Louis A. Ledbetter, of Wewoka, Okl., on the brief), for appellant.

Roger P. Marquis, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., C. R. Denny, Jr., and Ely Maurer, both of Washington, D. C., Attys., Department of Justice, on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Land, formerly owned by Martha Lena, an enrolled full-blood Seminole Indian, comprising the "W½ NE¼ Section 26, Twp. 7N, Range 8E of the Indian Base and Meridian, containing 80 acres, more or less, in Hughes County, Oklahoma," was purchased for her by the Department of the Interior upon a restricted form of deed. For purposes of this case, it is assumed that such restriction thereon against alienation expired on April 26, 1931.

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