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UNITED STATES v. PALMER

Nos. 84-1609, 84-1615 and 84-1999.

766 F.2d 1441 (1985)

UNITED STATES of America, Appellee, v. Thomas PALMER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 17, 1985.

Attorney(s) appearing for the Case

Warren Gotcher, of Gotcher, Brown and Bland, McAlister, Okl., and F. Browning Pipestem, G. William Rice, of Pipestem & Rice, Norman, Okl., submitted briefs for defendant-appellant.

Maria A. Iizuka, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., Martin W. Matzen, Atty., Dept. of Justice, Washington, D.C., Gary L. Richardson, U.S. Atty., Robert M. Klosiewicz, Asst. U.S. Atty., Muskogee, Okl., on the brief), for appellee.

Before BARRETT, MOORE and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

The chief question presented by these consolidated appeals, in our view, is whether the district court had subject matter jurisdiction, pursuant to 18 U.S.C. § 1163 (1982), to indict and try the Chief of the Seminole Nation Indian Tribe for misapplication of funds of that Nation, or whether the Seminole Nation had exclusive jurisdiction to do so. We hold that the district court had subject matter...

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