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HIGH HORSE v. TATE

Nos. 9979, 9980.

407 F.2d 394 (1969)

Dorita HIGH HORSE, Appellant, v. James Tooahimpah TATE, Frankie Lee Tooahnippah, Vila Tooahnippah and Julia Tooahnippah (Goombi), Appellees. Stewart L. UDALL, Secretary of the Interior, Department of Interior of the United States of America, Appellant, v. James Tooahimpah TATE, Frankie Lee Tooahnippah, Vila Tooahnippah and Julia Tooahnippah (Goombi), Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 8, 1969.

Attorney(s) appearing for the Case

Houston Bus Hill, Oklahoma City, Okl., for appellant, Dorita High Horse.

Clyde O. Martz, Asst. Atty. Gen., Washington, D. C. (B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., Robert L. Berry, Asst. U. S. Atty., Oklahoma City, Okl., S. Billingsley Hill and John G. Gill, Jr., Attys., Dept. of Justice, Washington, D. C., on the brief) for appellant, Stewart L. Udall, Secretary of the Interior.

Omer Luellen, Hinton, Okl., for appellees.

Before MURRAH, Chief Judge, and PHILLIPS and HILL, Circuit Judges.

PER CURIAM.

This litigation originated with the filing of a complaint in the United States District Court for the Western District of Oklahoma by the appellees in the two consolidated appeals before us. The action sought judicial review of the orders of the Secretary of the Interior and his subordinates. Jurisdiction was invoked under the Administrative Procedure Act and 28 U.S.C. § 1391. The trial court took jurisdiction under § 1391, sustained a Motion...

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