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ASENAP v. HUFF

Nos. 17078, 17095.

312 F.2d 358 (1962)

Jane ASENAP et al., etc., Appellants, v. Thomas J. HUFF, Administrator with Will Annexed of Estate of Wook-Kah-Nah, Deceased, Comanche Enrolled Restricted Indian No. 1927, et al., Appellees. Stewart L. UDALL, Secretary of the Interior, Appellant, v. Thomas J. HUFF, Administrator with Will Annexed of Estate of Wook-Kah-Nah, Deceased, Comanche Enrolled Restricted Indian No. 1927, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1962.

Attorney(s) appearing for the Case

Messrs. Robert W. Barker and Angelo A. Iadarola, Washington, D. C., for appellants in No. 17,078.

Mr. Raymond N. Zagone, Atty., Dept. of Justice, of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Ramsey Clark, Asst. Atty. Gen., and Messrs. Roger P. Marquis and Herbert Pittle, Attys., Dept. of Justice, were on the brief, for appellant in No. 17,095, and appellee Udall in No. 17,078. Mr. Hugh Nugent, Attorney, Department of Justice, also entered an appearance for appellant in No. 17,095 and appellee Udall in No. 17,078.

Mr. Charles P. Ames, Oklahoma City, Okl., of the bar of the Supreme Court of Oklahoma, pro hac vice, by special leave of court, with whom Mr. Roy St. Lewis, Washington, D. C., was on the brief, for appellees.

Before WASHINGTON, BASTIAN and WRIGHT, Circuit Judges.

PER CURIAM.

This action was brought to review the decision of the Secretary of the Interior in the matter of the estate of a deceased Comanche allottee confirming the order of the Examiner of Inheritance. The examiner approved the will of said decedent and decreed distribution of her estate. Certain beneficiaries under the will [appellants in No. 17,078] were permitted to intervene. Thereafter, motions for summary judgment were filed by the Secretary of the Interior...

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