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CRAWLEY v. U.S. EX REL. LUJAN

No. 92-5102.

977 F.2d 1409 (1992)

Billy D. CRAWLEY, Dillard C. Crawley, and Alice Maxine Cornford, Plaintiffs-Appellants, v. UNITED STATES of America, ex rel. Manuel LUJAN, Jr., Secretary of the Interior for the United States Department of the Interior; Gilbert Mathews, Proponent to Last Will and Testament of Alice H. Mathews, deceased, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 21, 1992.

Attorney(s) appearing for the Case

Ralph R. Adkisson, Tulsa, Okl., for plaintiffs-appellants.

Vicki A. O'Meara, Acting Asst. Atty. Gen., Tony Graham, U.S. Atty., Kathleen Bliss Adams, Asst. U.S. Atty., Tulsa, Okl., Edward J. Shawaker and Katherine L. Adams, Attys., Appellate Section, Environment and Natural Resources Div., Dept. of Justice, Washington, D.C.; and Alan Woodcock, Office of Sol., Dept. of Interior, of counsel, for federal defendants-appellees.

Bill Heskett, Heskett & Heskett, Pawhuska, Okl., for defendant-appellee Gilbert Mathews.

Before MOORE, TACHA, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

This appeal is from an order of the district court dismissing plaintiffs' appeal of a decision of the Secretary of the Interior modifying and approving the last will and testament of an Osage Indian. We affirm.1

I. Background.

The facts in this case are not in dispute. Alice Mathews, an Osage Indian, devised her entire estate, including her Osage headright,2 to her husband...

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