No. 76-2089.

587 F.2d 465 (1978)

Thelma Horton CLARK, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1978.

Attorney(s) appearing for the Case

Bert Barefoot, Jr. and Joseph A. Claro of Barefoot, Moler & Claro, Oklahoma City, Okl., for plaintiff-appellee.

William S. Estabrook III, Atty., Tax Div., Dept. of Justice, Washington, D. C. (Myron C. Baum, Acting Asst. Atty. Gen., Gilbert E. Andrews and Grant W. Wiprud, Attys., Tax Div., Dept. of Justice, Washington, D. C., with him on brief), for defendant-appellant.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY and LOGAN, Circuit Judges, (en banc).

LOGAN, Circuit Judge.

This case was brought by the plaintiff-appellee Thelma Horton Clark (Clark) to obtain a refund and interest on allegedly improperly paid federal income taxes. The United States appeals from summary judgment granted in favor of Clark.

Clark, a Chickasaw Indian, was under noncompetent restricted status from her birth on April 9, 1904, until October 3, 1975. The Chickasaws are one of the Five Civilized Tribes. Under Homestead Allotment Patent...

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