UNITED STATES v. CHAPMAN

No. 10758.

190 F.2d 666 (1951)

UNITED STATES ex rel. KOHPAY v. CHAPMAN, Secretary of the Department of the Interior.

United States Court of Appeals District of Columbia Circuit

Decided July 19, 1951.


Attorney(s) appearing for the Case

H. P. White, of the Bar of the Supreme Court of Oklahoma, Pawhuska, Okl., pro hac vice, by special leave of Court, and Neil Burkinshaw, Washington, D. C., for appellant. Daniel B. Maher and Dennis Collins, Washington, D. C., also entered appearances for appellant.

Ralph A. Barney, Atty., Department of Justice, Washington, D. C., with whom Asst. Atty. Gen. A. Devitt Vanech was on the brief, for appellee. George Morris Fay, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., also entered appearances for appellee.

Before CLARK, WILBUR K. MILLER and PROCTOR, Circuit Judges.


CLARK, Circuit Judge.

This is an appeal from a final judgment of the United States District Court for the District of Columbia which dismissed the appellant's complaint. The complaint is in the nature of mandamus seeking to compel the appellee, as Secretary of the Interior, to pay over to the appellant the sum of $393,551.73 with interest from the tribal funds of the Osage Indians.

For the purposes of this appeal it can be stated that there is no dispute on...

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