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UNITED STATES v. BOARD OF COUNTY COM'RS

No. 3243.

154 F.2d 600 (1946)

UNITED STATES v. BOARD OF COUNTY COMMISSIONERS OF McINTOSH COUNTY, OKL., et al.

Circuit Court of Appeals Tenth Circuit.

March 21, 1946.

Attorney(s) appearing for the Case

Fred W. Smith, Atty., Department of Justice, of Washington, D. C. (J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., and Roger P. Marquis, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

James H. Harkin, Asst. Atty. Gen. (Randell S. Cobb, Atty. Gen., and Hazen Green, Co. Atty., of Eufaula, Okl., on the brief), for appellees.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

The question for determination is whether certain land containing 120 acres in McIntosh County, Oklahoma, was subject to tax pursuant to state law.

Section 19 of the Act of April 26, 1906, 34 Stat. 137, 144, provides that no full-blood Indian of the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes shall have power to alienate, sell, dispose of, or encumber any of the lands allotted to him for a period of twenty-five years from...

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