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WARD v. UNITED STATES

No. 2707.

139 F.2d 79 (1943)

WARD v. UNITED STATES et al.

Circuit Court of Appeals, Tenth Circuit.

November 3, 1943.

Attorney(s) appearing for the Case

W. F. Semple, of Tulsa (Tom Finney, of Tulsa, and E. E. Cochran, of Idabel, on the brief), for appellant.

Marvin J. Sonosky, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., and Charles N. Champion, Asst. U. S. Atty., both of Muskogee, Okl., and Vernon L. Wilkinson and S. Billingsley Hill, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Ward brought this action against the unknown heirs of Joe Ben, a deceased full-blood Choctaw Indian, the heirs of Johnny Cooper, a deceased full-blood Choctaw Indian, and the heirs of Louisa Ben, a full-blood Choctaw Indian, to quiet the title to a tract of land situated in McCurtain County, Oklahoma. The land was originally allotted to Joe Ben. Joe Ben died December 25, 1912, leaving as his sole surviving heir his widow, Louisa Ben. Louisa...

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