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UNITED STATES v. MERRELL

No. 3161.

157 F.2d 62 (1946)

UNITED STATES v. MERRELL et al.

Circuit Court of Appeals, Tenth Circuit.

August 21, 1946.

Attorney(s) appearing for the Case

Marvin J. Sonosky, Atty., Department of Justice, of Washington, D.C. (J. Edward Williams, Acting Head, Lands Division, and Herbert Pittle, Atty., Department of Justice, both of Washington, D. C., on the brief), for appellants.

Alfred Stevenson, of Holdenville, Okl. (W. T. Anglin and O. S. Huser, both of Holdenville, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Peter Micco, a restricted Seminole Indian, died intestate, seized of an estate consisting of real and personal property, most of which was restricted funds in the custody of the Secretary of the Interior. On the day of his death, separate petitions for letters of administration were filed in the county courts of Tulsa and Okfuskee Counties, Oklahoma. The proceeding in the county court of Tulsa County was removed, under the provision of section...

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