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BOARD OF COM'RS v. UNITED STATES

No. 1728.

100 F.2d 929 (1938)

BOARD OF COM'RS OF JACKSON COUNTY, KAN., v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 23, 1939.

Attorney(s) appearing for the Case

Geo. M. Brewster, of Topeka, Kan. (Warden L. Noe and Floyd W. Hobbs, both of Holton, Kan., and John L. Hunt, of Topeka, Kan., on the brief), for appellant.

Raymond M. Kell, Atty., Department of Justice, of Washington, D. C. (Charles E. Collett, Acting Asst. Atty. Gen., Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., Oscar Provost, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

The United States of America instituted this action under direction of its Attorney General, in accordance with Section 24(1) of the Judicial Code as amended, 28 U.S.C.A. § 41(1), in the District Court of the United States for the District of Kansas, in behalf of M-Ko-Quah-Wah, its restricted or incompetent Indian ward, of the Pottawatomie Indians, hereinafter referred to as allottee, against...

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