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MERRELL v. UNITED STATES

No. 2785.

140 F.2d 602 (1944)

MERRELL et al. v. UNITED STATES et al.

Circuit Court of Appeals, Tenth Circuit.

January 31, 1944.

Attorney(s) appearing for the Case

Alfred Stevenson, of Holdenville, Okl. (John Rogers, of Tulsa, Okl., W. T. Anglin and O. S. Huser, both of Holdenville, Okl., and J. Hugh Nolen, of Okemah, Okl., on the brief), for appellants.

John C. Harrington, of Washington, D.C. (Norman M. Littell, of Washington, D.C., Whit Y. Mauzy and Joe W. Howard, both of Tulsa, Okl., and Norman MacDonald of Washington, D.C., on the brief), for appellees.

M. S. Robertson, of Muskogee, Okl., for Andy Hulwa, heir.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The ultimate question presented by this appeal is whether the Federal District Court acquired jurisdiction to administer the estate of a restricted Indian, member of the Five Civilized Tribes, upon removal of the administrative proceedings from the County Court of Tulsa County, Oklahoma, under the provisions of Section 3 of the Act of April 12, 1926, 44 Stat. 239, 240.1 Preliminary thereto is the standing or authority...

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