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SIMONS v. UDALL

Civ. No. 2640.

276 F.Supp. 75 (1967)

Earlene Ida Abbott SIMONS, Plaintiff, v. Stewart L. UDALL, Secretary of the Interior, Duard R. Barnes, Acting Associate Solicitor, Division of Indian Affairs, Stanley Lyman, Superintendent, Fort Peck Indian Agency, David J. McKee, Examiner of Inheritance, Lawson Lee, Finance Office, Bureau of Indian Affairs, Defendants.

United States District Court D. Montana, Havre-Glasgow Division.

November 22, 1967.

Attorney(s) appearing for the Case

Arthur P. Acher, Helena, Mont., for plaintiff.

Moody Brickett, U. S. Atty., Butte, Mont., and Arthur W. Ayers, Jr., Asst. U. S. Atty., Billings, Mont., for defendants.

ORDER AND MEMORANDUM OPINION

JAMESON, Chief Judge.

This is an action seeking judicial review of the decision of the Secretary of the Interior approving the last will and testament of Amelia Keyes Abbott Viramontes Walker, deceased, mother of the plaintiff in this action, Earlene Ida Abbott Simons.1

Defendants have moved for summary judgment. The primary question for determination is whether the decision of the Secretary...

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