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MUSKOGEE COUNTY v. UNITED STATES

No. 2587.

133 F.2d 61 (1943)

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

Circuit Court of Appeals, Tenth Circuit.

January 6, 1943.

Attorney(s) appearing for the Case

Houston Bus Hill, Asst. Atty. Gen. (Mac Q. Williamson, Atty. Gen., and Douglas Garrett, Co. Atty., and P. W. Jones, both of Muskogee, Okl., on the brief), for appellants.

Norman MacDonald, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Cleon A. Summers, U. S. Atty., of Muskogee, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

By Section 2 of the Act of June 20, 1936, 49 Stat. 1542, all lands the title to which were held by an Indian, subject to restrictions against alienation without the consent and approval of the Secretary of the Interior, and purchased out of trust or restricted funds of the said Indian, were declared to be instrumentalities of the Federal government and nontaxable until otherwise directed by Congress. By the amendatory Act of May 19, 1937, 50...

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