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HAYES v. SEATON

No. 14813.

270 F.2d 319 (1959)

Joe HAYES, Appellant, v. Fred A. SEATON, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 9, 1959.

Petition for Rehearing Denied October 5, 1959.

Attorney(s) appearing for the Case

Mr. Leon BenEzra, Washington, D. C., for appellant.

Mr. Robert S. Griswold, Jr., Attorney, Department of Justice, with whom Mr. Roger P. Marquis, Attorney, Department of Justice, was on the brief, for appellee.

Before EDGERTON, DANAHER, and BURGER, Circuit Judges.

Petition for Rehearing en Banc Denied October 5, 1959.

EDGERTON, Circuit Judge.

Section 1 of the Act of June 25, 1910, 36 Stat. 855, as amended, 25 U.S. C.A. § 372, provides in part:

"When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the...

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