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WALKER v. SPENCER

No. 2325.

123 F.2d 347 (1941)

WALKER v. SPENCER et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 9, 1941.

Attorney(s) appearing for the Case

W. R. Kerr and C. R. Thurlwell, both of Tulsa, Okl. (John T. Adams and John R. Adams, both of Denver, Colo., on appeal only), for appellant.

Charles Champion, of Muskogee, Okl. (Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., and Vernon L. Wilkinson, Roger P. Marquis, and Donald R. Marshall, Attys., Department of Justice, all of Washington, D. C., on the brief), for appellee the United States of America.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

J. B. Walker sued the administrator of the estate of Jackson Barnett, deceased, in two causes of action. It was alleged in the first that Barnett was a Creek Indian; that from 1902 to 1911, inclusive, he was destitute; that plaintiff furnished him food, clothing, lodging, medicines and cash; that he expressed appreciation for such benefactions and stated that if he ever had any money he would pay plaintiff liberally; that in 1911 plaintiff...

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