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AKERS v. MORTON

No. 71-3002.

499 F.2d 44 (1974)

Dolly Cusker AKERS, Appellant, v. Rogers C. B. MORTON, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

June 20, 1974.

Attorney(s) appearing for the Case

Gerald J. Neely (argued), of Towe, Neely & Ball, Billings, Mont., Albert A. Grorud, Washington, D. C., for appellant.

Keith L. Burrowes, Asst. U. S. Atty. (argued), Otis L. Packwood, U. S. Atty., Shiro Kashiwa, Asst. Atty. Gen., Billings, Mont., George R. Hyde, Lands Div., U. S. Dept. of Justice, Washington, D. C., for appellees.

Before HUFSTEDLER and KILKENNY, Circuit Judges, and TAYLOR, District Judge.

HUFSTEDLER, Circuit Judge:

Mrs. Akers, an Indian and the widow of John Akers, also an Indian, challenges the determinations of the Secretary of the Interior that her husband's will disinheriting her was valid and that she had no dower interest in the restricted Indian allotment land that he devised to a third person. Summary judgment in favor of the Secretary was granted and she appeals.

Mr. and Mrs. Akers lived on restricted land in Montana. The land had...

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