ATEWOOFTAKEWA v. UDALL

No. 67-323.

277 F.Supp. 464 (1967)

Viola ATEWOOFTAKEWA (Tate), Frankie Lee Tooahnippah, Vila Tooahnippah, and Julia Tooahnippah (Goombi), Plaintiffs, v. Stewart L. UDALL, Secretary of the Interior for the United States of America, Defendant, Dorita High Horse, Intervenor.

United States District Court W. D. Oklahoma.

December 18, 1967.


Attorney(s) appearing for the Case

Omer Luellen, Hinton, Okl., for plaintiffs.

Robert L. Berry, Asst. U. S. Atty., United States Department of Justice, Oklahoma City, Okl., for defendant.

Houston Bus Hill, Oklahoma City, Okl., for intervenor.


MEMORANDUM OPINION

EUBANKS, District Judge.

The plaintiffs are Comanche Indians who were named as beneficiaries under their deceased Comanche uncle's last will and testament which the Secretary of the Interior has declined to approve, and seek by this action to set aside the administrative decision which denied approval of the will, alleging it to be arbitrary, capricious, in excess of authority, without reasonable basis, and that it amounts to an abuse...

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