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MASHUNKASHEY v. UNITED STATES

No. 2554.

131 F.2d 288 (1942)

MASHUNKASHEY v. UNITED STATES et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 9, 1942.

Writ of Certiorari Denied February 15, 1943.

Attorney(s) appearing for the Case

N. E. McNeill, of Tulsa, Okl. (S. R. Lewis, of Tulsa, Okl., on the brief), for appellant.

Dwight D. Doty, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Whitfield Y. Mauzy, U. S. Atty., of Tulsa, Okl., and Vernon L. Wilkinson, of Washington, D. C., on the brief), for appellee the United States.

Ralph A. Barney, of Pawhuska, Okl., for Interveners, Appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

The defendant below, herein called the appellant, has appealed from a declaratory judgment rendered by the United States District Court for the Northern District of Oklahoma. The jurisdiction of the federal court was invoked under 28 U.S.C.A. § 41 and 28 U.S.C.A. § 400.

Charles Mashunkashey, a full-blood, restricted Osage Indian, died June 10, 1934, without issue, survived by his wife, the appellant; Ben Mashunkashey, a halfbrother...

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