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PRESTON NUTTER CORPORATION v. MORTON

No. 72-1403.

479 F.2d 696 (1973)

PRESTON NUTTER CORPORATION, Plaintiff-Appellant, v. Rogers C. B. MORTON, Secretary of the Interior, United States of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 5, 1973.

Attorney(s) appearing for the Case

H. Byron Mock, Salt Lake City, Utah (Kent Shearer and Robert L. Schmid, Salt Lake City, Utah, with him on the brief), for plaintiff-appellant.

Herbert Pittle, Washington, D. C. (Kent Frizzell, Asst. Atty. Gen., C. Nelson Day, U. S. Atty., and H. Ralph Klemm, Asst. U. S. Atty., Salt Lake City, Utah, and Jacques B. Gelin, and Larry G. Gutterridge, Dept. of Justice, Washington, D. C., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.

LEWIS, Chief Judge.

Preston Nutter Corporation (PNC) appeals from a summary judgment granted by the District Court for the District of Utah in favor of appellee, Secretary of the Interior, sustaining the Secretary's decision that appellant is not the successor in interest to a certain Sioux Half-Breed scrip. For reasons hereinafter discussed the judgment is affirmed.

Treaty History

In 1830 the United...

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