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UNITED STATES v. FUSTON

No. 2878.

143 F.2d 76 (1944)

UNITED STATES v. FUSTON et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 19, 1944.

Attorney(s) appearing for the Case

Ralph S. Boyd, Atty., Dept. of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., and William H. Landram, Asst. U. S. Atty., both of Muskogee, Okl., and Robert E. Mulroney, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

Walter Marlin, of Oklahoma City, Okl. (Lloyd Story, of Valliant, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action in ejectment brought by the United States in its own behalf and on behalf of Sissie Folsom Pierce against Mrs. H. B. Fuston to recover the possession of a tract of land in Bryan County, Oklahoma.

In its complaint the United States alleged that Sissie was the owner of such land, subject to restrictions, and entitled to immediate possession thereof. Sissie died February 15, 1941. The United States filed an amended complaint...

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