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GRAY v. JOHNSON

No. 9627.

395 F.2d 533 (1968)

Jack J. GRAY, Appellant, v. Howard F. JOHNSON, Individually and as Superintendent of the Osage Indian Agency, Pawhuska, Oklahoma, Virgil N. Harrington, Individually, and as Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, Stuart Udall as Secretary of the Interior, and Oklahoma Land & Cattle Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 8, 1968.

Certiorari Denied June 10, 1968.

Attorney(s) appearing for the Case

Robert P. Kelly, Pawhuska, Okl., for appellant.

Frank B. Friedman, Atty., Dept. of Justice (J. Edward Williams, Acting Asst. Atty. Gen., Lawrence A. McSoud, U. S. Atty., Hubert A. Marlow, Asst. U. S. Atty., and A. Donald Mileur, Atty., Dept. of Justice, were with him on the brief), for appellees Johnson, Harrington and Udall.

Jesse J. Worten, Bartlesville, Okl., for appellee Oklahoma Land & Cattle Company.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and DELEHANT, District Judge.

Certiorari Denied June 10, 1968. See 88 S.Ct. 2056.

BREITENSTEIN, Circuit Judge.

The Secretary of the Interior held that a lease to appellant Gray of Osage Indian land was void because of violations of applicable regulations. Gray brought suit to review the decision of the Secretary. Jurisdiction is granted by 28 U.S.C. § 1361. The district court upheld the Secretary and this appeal followed.

William Fletcher, a full-blood Osage Indian, owns 400...

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