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SIMONS v. VINSON

No. 24824.

394 F.2d 732 (1968)

Edward J. SIMONS et al., Appellants, v. Jerry VINSON and A. P. Clark et al., Appellees.

United States Court of Appeals Fifth Circuit.

As Corrected on Denial of Rehearing June 17, 1968.

Attorney(s) appearing for the Case

Donald E. Short, R. M. Helton, Frank Gibson, Wichita Falls, Tex., for appellants.

Clyde O. Martz, Asst. Atty. Gen., Roger P. Marquis, William M. Cohen, J. Edward Williams, Attys. Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Fort Worth, Tex., Claude D. Brown, Asst. U. S. Atty., Fort Worth, Tex., Raymond N. Zagone, Attorney, Department of Justice, Washington, D. C., for Federal appellees.

Russell Larry Robinson, Wichita Falls, Tex., for Bell Oil & Gas Co.

Wallace N. Masters, Fillmore, Robinson, Lambert & Farabee, Sanders, Masters & Watson, Robert K. Pace, Wichita Falls, Tex., for appellees Vinson and Clark.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

AINSWORTH, Circuit Judge:

Plaintiffs appeal from the dismissal of their complaint for lack of jurisdiction. The District Court found specifically:

"(1) The named defendants, Bureau of Land Management, Bureau of Indian Affairs and Department of the Interior are not legal entities or juridical persons which are capable of being sued. "(2) The cause of action as to all named defendants is in essence a suit to quiet title to and obtain possession of...

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