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FINCH v. UNITED STATES

No. 9474.

387 F.2d 13 (1967)

Edith Colbert FINCH, William L. Colbert, Farris Colbert Brown, Shirley Reagan Heskitt, Roger King, Sherrie Lee Heskitt, Appellants, v. UNITED STATES of America and Stewart Udall, Secretary of United States Department of the Interior, Appellees.

United States Court of Appeals Tenth Circuit.

December 20, 1967.

Attorney(s) appearing for the Case

Robert O. Swimmer, Oklahoma City, Okl., for appellants.

Raymond N. Zagone, Washington, D. C. (Edwin L. Weisl, Asst. Atty. Gen., B. Andrew Potter, U. S. Atty., Robert L. Berry, Asst. U. S. Atty., and S. Billingsley Hill, Dept. of Justice, were with him on the brief), for appellees.

Before PHILLIPS, JONES and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appellants, six in number and each of Indian descent, filed appropriate applications with the Bureau of Indian Affairs and received certificates that they were eligible as Indians to receive an allotment of land from the public domain under the terms of 25 U.S.C. § 334. Thereafter appellants subjectively selected certain lands located in Kiowa County, Colorado, and applied to the Land Office of the Bureau of Land Management at Denver for...

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