UDALL v. TAUNAH

Nos. 9679, 9680.

398 F.2d 795 (1968)

Stewart UDALL, Secretary of the Interior, Department of Interior of the United States of America, Appellant, v. Bert TAUNAH, Leon Taunah and Ilena Floy Taunah Stapp, Appellees. Roberta RED ELK, on her own behalf and on behalf and as natural guardian of Robert Red Elk, Ozzie Red Elk, Clifford Red Elk, Lindy Red Elk, Florine Red Elk, Elgin Red Elk, Jr., and Tina Red Elk, Appellants, v. Bert TAUNAH, Leon Taunah and Ilena Floy Taunah Stapp, Appellees.

United States Court of Appeals Tenth Circuit.

July 18, 1968.


Attorney(s) appearing for the Case

Raymond N. Zagone, Atty., Dept. of Justice (Clyde O. Martz, Asst. Atty. Gen., B. Andrew Potter, U. S. Atty., Robert L. Berry, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, on the brief), for appellant, Stewart L. Udall, Secretary of the Interior.

Angelo A. Iadarola, Washington, D. C., (Funston Flanagan, Walters, Okl., and Robert W. Barker and Jerry C. Straus, of Wilkinson, Cragun & Barker, Washington, D. C., on the brief) for appellants, Roberta Red Elk, Robert Red Elk, Ozzie Red Elk, Clifford Red Elk, Lindy Red Elk, Florence Red Elk, Elgin Red Elk, Jr. and Tina Red Elk.

Houston Bus Hill and Coleman Hayes, Oklahoma City, Okl., for appellees Bert Taunah, Leon Taunah and Ilena Floy Taunah Stapp.

Before PHILLIPS, HILL and HICKEY, United States Circuit Judges.


HILL, Circuit Judge.

This is an appeal from the district court's decision reversing a holding of the Secretary of Interior that a claim brought by appellees Bert Taunah, Leon Taunah and Ilena Floy Taunah Stapp against that part of the estate of Elgin Red Elk consisting of restricted Indian property was not allowable. The Taunahs, restricted Indian wards, base their claim upon an alleged family settlement agreement entered into with their half-brother, Elgin Red Elk...

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