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UNITED STATES v. HESTER

No. 2669.

137 F.2d 145 (1943)

UNITED STATES v. HESTER.

Circuit Court of Appeals, Tenth Circuit.

July 15, 1943.

Attorney(s) appearing for the Case

Norman MacDonald, of Washington, D. C. (Norman M. Littell and Fred W. Smith, both of Washington, D. C., on the brief), for the appellant.

George Bingaman, of Purcell, Okl., for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The principal question presented by this appeal is whether certain restricted, but taxable, Indian lands in Oklahoma can be sold by the State for delinquent ad valorem taxes as other lands in that State. Section 4 of the Act of May 10, 1928, 45 Stat. 495, 496, provides in part: "That on and after April 26, 1931, the allotted, inherited, and devised restricted lands of each Indian of the Five Civilized Tribes in excess of one hundred and sixty...

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