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BRYAN COUNTY, OKL. v. UNITED STATES

No. 2308.

123 F.2d 782 (1941)

BRYAN COUNTY, OKL., et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 12, 1941.

Attorney(s) appearing for the Case

Houston E. Hill, Asst. Atty. Gen., and Bill Steger, Co. Atty., Bryan County, of Durant, Okl. (Mac Q. Williamson, Atty. Gen., on the brief), for appellants.

Norman MacDonald, of Washington, D. C., Atty., Department of Justice (Norman Littell, Asst. Atty. Gen., Cleon Summers, U. S. Atty., and William H. Landram, Asst. U. S. Atty., both of Muskogee, Okl., and Vernon L. Wilkinson, of Washington, D. C., Atty., Department of Justice, on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

By this appeal is presented: (1) The jurisdictional question whether the United States can maintain a suit on its own behalf and on behalf of unrestricted Choctaw Indians to recover ad valorem taxes wrongfully assessed, and collected, by a state sovereignty upon unrestricted allotted lands of the unrestricted allottees. (2) If so, does an adverse adjudication by a state court of competent jurisdiction...

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