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OSBORNE v. BABBITT

No. 94-5134.

61 F.3d 810 (1995)

Ramona Little Eagle OSBORNE, Mattie Osborne Fish, Carol Louise Nuttle, William Frank Nuttle and Lamont Osborne, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Department of the Interior, and Patricia Ann Eaves, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 1, 1995.

Attorney(s) appearing for the Case

Sandra Lefler Cole (Brian S. Kuhlmann with her on the briefs), Tulsa, OK, for appellants.

Cathryn McClanahan, Office of U.S. Atty., Tulsa, OK, for appellees.

Stephen C. Lewis, U.S. Atty., Kathleen Bliss and Peter Bernhardt, Asst. U.S. Attys., N.D. OK, Tulsa, OK, on the brief, for appellees.

Before TACHA and BRORBY, Circuit Judges, and BROWN, Senior District Judge.

TACHA, Circuit Judge.

I. Background

This case involves the determination of the heirs of Abbie Effie Little Eagle Osborne, a full-blood Pawnee Indian who died intestate. At the time of her death, Ms. Osborne owned allotted lands held in trust by the United States. See 25 U.S.C. §§ 331-358.

Pursuant to its authority under 25 U.S.C. § 372, the Department of Interior (DOI) conducted Indian probate proceedings to ascertain Ms. Osborne...

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