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ABSENTEE SHAWNEE TRIBE OF INDIANS OF OKLAHOMA v. KAN.

Civ. A. No. 84-2435-S.

628 F.Supp. 1112 (1985)

The ABSENTEE SHAWNEE TRIBE OF INDIANS OF OKLAHOMA, Daniel Little Axe, Governor, Plaintiff, v. The STATE OF KANSAS, Defendant.

United States District Court, D. Kansas.

November 12, 1985.

Attorney(s) appearing for the Case

Charles D. Sauer, Overland Park, Kan., Keith Wilson, Jr., Independence, Mo., F. Browning Pipestem, Norman, Okl., Alvin D. Shapiro, Patrick Woodley, Kansas City, Mo., for plaintiff.

John W. Campbell, Asst. Atty. Gen., Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant's motion for partial summary judgment. Oral argument was held on July 19, 1985. This dispute centers around a land patent dated April 19, 1865, which plaintiff claims is void on its face.

The uncontroverted facts for the purposes of this motion are as follows. The land in question comprises 11.97 acres located in Johnson County, Kansas, and is known as the...

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