United States of America Ex Rel. Lemuel A. Harlan v. Harold Bacon, Bonnie Bacon, John Bacon, and Kelly Bacon

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Relator Lemuel A. Harlan (“Harlan”), brought this action on behalf of the United States to recover the crops and money obtained by the Bacons under a sharecrop agreement with the Omaha Indian Tribe because the lease was not approved by the relevant governmental officials. The District Court 1 entered summary judgment for the defendants, 851 F.Supp. 367, and Harlan appeals. The issue is whether 25 U.S.C. § 81 applies to a lease of Indian lands for purposes of sharecropping. We hold that it does not and therefore affirm.

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The parties are in agreement about…