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LAWRENCE v. UNITED STATES

No. 21210.

381 F.2d 989 (1967)

Edwin E. LAWRENCE, Carolee Lawrence, Appellants, v. UNITED STATES of America, United States of America, as Trustee, Flora Cruz, Austin Cruz, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 28, 1967.

Attorney(s) appearing for the Case

Edwin E. Lawrence, in pro. per.

John K. Van De Kamp, U. S. Atty., Los Angeles, Cal., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Chief, Appellate Section, John M. Gill, Jr., Atty., Lands & Natural Resources Div., Dept. of Justice, Washington, D. C., Laurence M. Watson, Simpson, Rehkop & Watson, Long Beach, Cal., for appellees.

Before BARNES and BROWNING, Circuit Judges, and SMITH, District Judge.

OPINION

RUSSELL E. SMITH, District Judge.

The subject of this litigation is trust patent Indian land. The defendant, Flora Cruz, is the Indian allottee. As to this land the United States is, of course, the trustee for Flora Cruz.

In what might be called the first count (there is no separate statement in the complaint) plaintiffs pray for the specific performance of an oral contract to enter into a long-term...

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