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PRAIRIE BAND OF POTTAWATOMIE TRIBE OF INDIANS v. PUCKKEE

No. 7243.

321 F.2d 767 (1963)

PRAIRIE BAND OF the POTTAWATOMIE TRIBE OF INDIANS, Mrs. Minnie Evans, Whose Indian Name Is Minnie Weshkeenoo, John P. Wahwassuck, Alfred Curtis Pequano, James P. Wabnosah, William Hale and James Keggamege, a/k/a James Keg, Appellants, v. Mage N. PUCKKEE, Frank Nioche, James Kabance, John Shoptese, Peter Matchee, Eugene Grinmell, Philip Burns, Stewart L. Udall, Secretary of Interior, John Crow, Commissioner of Indian Affairs, and Buford Morrison, Area Field Representative, Appellees.

United States Court of Appeals Tenth Circuit.

August 7, 1963.

Attorney(s) appearing for the Case

Sam A. Crow, Topeka, Kan. (J. A. Dickinson, Ralph Skoog and Bill G. Honeyman, Topeka, Kan., with him on brief), for appellants.

Richard N. Countiss, Washington, D. C., Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., Newell A. George, U. S. Atty., Elmer Hoge, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, with him on brief), for appellees.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and DOYLE, District Judge.

MURRAH, Chief Judge.

Certain members of the "Prairie Band" of the Pottawatomie Indians brought this suit, against other named members of the same Band, the Secretary of Interior, Commissioner of Indian Affairs, and an Area Field Representative.1 The suit seeks a declaration of complainants' rights in Congressionally appropriated funds, in payment of a money judgment of the Indian Claims Commission, in favor of the Pottawatomie Nation....

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