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JOHNSON v. KLEPPE

No. 77-1254.

596 F.2d 950 (1979)

Leroy V. JOHNSON et al., Plaintiffs-Appellants, v. Thomas S. KLEPPE, Secretary of the Interior for the United States of America, Washington, D. C., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 19, 1979.

Attorney(s) appearing for the Case

F. Browning Pipestem, Norman (William Douglas Giessmann, Norman, on the brief), for plaintiffs-appellants.

John E. Green, U. S. Atty., Oklahoma City, Okl., for defendant-appellee.

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

McWILLIAMS, Circuit Judge.

This case concerns a determination of the legal heirs of one Herbert Franklin Cooke made by the Secretary of the Interior pursuant to 25 U.S.C. § 372. Cooke's father was a Pima Indian, and his mother was a Caddo Indian. At the time of his death Cooke had an interest in certain allotted Indian lands located in Oklahoma which he had inherited from his maternal ancestors. Cooke having died intestate, a proceeding was later instituted within...

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