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AKERS v. HODEL

No. 86-2898.

871 F.2d 924 (1989)

Norman R. AKERS and Vicki Akers Pratt, Plaintiffs/Appellants, v. Donald HODEL, Secretary of the United States Department of the Interior, Defendant/Appellee. In the Matter of the WILL OF Victor AKERS, Unallotted Osage Indian Deceased. Mary Monette AKERS, Petitioner, v. UNITED STATES of America and Donald Hodel, Secretary of the United States Department of the Interior, Respondents.

United States Court of Appeals, Tenth Circuit.

March 24, 1989.

Attorney(s) appearing for the Case

F. Browning Pipestem (Jess L. Burris on the briefs), Pipestem & Rice, Norman, Okl., for plaintiffs/appellants Norman R. Akers and Vicki Akers Pratt.

Robert E. Martin, Tulsa, Okl., for Mary Monette Akers.

Phil Pinnell, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty. with him on the brief), Tulsa, Okl., for defendant/appellee.

Before MOORE, ANDERSON and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case concerns the will of Victor N. Akers, a deceased Indian with both Osage and Pawnee property interests that he bequeathed to his wife and two grown children. Because of his tribal affiliations and the nature of his holdings in Indian country, his will was subject to approval or disapproval by the Secretary of the Interior. If Akers fell within the Congressional definition of an...

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