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COUCH v. UDALL

No. 9834.

404 F.2d 97 (1968)

D. Q. (Bill) COUCH, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Department of Interior, United States of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 4, 1968.

Attorney(s) appearing for the Case

John R. Couch, Oklahoma City, Okl., for appellant.

Robert S. Lynch, Dept. of Justice, Washington, D. C., (Clyde O. Martz, Asst. Atty. Gen., B. Andrew Potter, U. S. Atty., Robert L. Berry, Asst. U. S. Atty., and Edmund B. Clark, Dept. of Justice, Washington, D. C., with him on brief) for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This is an appeal from a summary judgment wherein the trial court denied appellant D. Q. Couch's request to reverse an administrative decision of the appellee, Secretary of the Interior, in an Indian probate proceeding.

The facts are not in dispute. An Indian allottee under the General Allotment Act1 held a patent on the land in question. She died testate while residing in Oklahoma. Her will was approved...

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