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TOWN OF OKEMAH, OKL. v. UNITED STATES

No. 2850.

140 F.2d 963 (1944)

TOWN OF OKEMAH, OKL., v. UNITED STATES et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied March 13, 1944.

Attorney(s) appearing for the Case

Charles P. Gotwals, of Muskogee, Okl. (Arthur Cochran, of Okemah, Okl., on the brief), for appellant.

Fred W. Smith, of Washington, D. C., Atty., Department of Justice (Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., and Norman MacDonald, of Washington, D. C., Atty., Department of Justice, on the brief), for appellees.

Before PHILLIPS and BRATTON, Circuit Judges, and KENNEDY, District Judge.

PHILLIPS, Circuit Judge.

The Town of Okemah, Oklahoma, filed a proceeding in the District Court of Okfuskee County, Oklahoma, to condemn three tracts of land which had been allotted to full-blood Creek Indians and which were restricted against alienation by the provisions of the Act of May 27, 1908, 35 Stat. 312.

Notice of the pendency of the action was served upon the Five Civilized Tribes in accordance with the provisions of the Act of April 12, 1926, 44...

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