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COUNTY OF THURSTON v. UNITED STATES

Civil Action No. 13007.

149 F.2d 485 (1945)

COUNTY OF THURSTON, in the State of NEBRASKA, et al., Appellants, v. UNITED STATES of America, Appellee.

Circuit Court of Appeals, Eighth Circuit.

May 22, 1945.

Attorney(s) appearing for the Case

H. Emerson Kokjer, Deputy Atty. Gen., of Nebraska, and Alfred D. Haun, Co. Atty., of Walthill, Neb. (Walter H. Johnson, Atty. Gen., of Nebraska, on the brief), for appellants.

John C. Harrington, Atty., Department of Justice, of Washington, D. C. (J. Edward Williams, Acting Head, Lands Division, of Washington, D. C., Joseph T. Votava, U. S. Atty., of Omaha, Neb., and Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before SANBORN, WOODROUGH and THOMAS, Circuit Judges.

PER CURIAM.

This is an appeal from judgments entered in four cases which were consolidated for trial by approved stipulation. The Act of June 20, 1936, 49 Stat. 1542, as amended by the Act of May 19, 1937, 50 Stat. 188, 25 U.S.C.A. § 412a, declared that certain designated "homesteads" previously purchased out of trust or restricted funds of Indians and held subject to restrictions against alienation except with the approval of the Secretary of the Interior were...

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