43 C.F.R. § 4.320
Who may appeal a probate judge's order?
Any interested party has a right to appeal to the Board if he or she is adversely affected by an order of a probate judge under part 30 of this subtitle:
(a) On a petition for rehearing;
(b) On a petition for reopening;
(c) Regarding purchase of interests in a deceased Indian's estate; or
(d) Regarding added or omitted property; or
(e) Determining that a person for whom a probate proceeding is sought is not deceased.
Notes of Decisions
Cited in 5
cases, 1986–2009 · leading case: Luther D. Mullen v. Otis Bowen, Sec'y of Health & Human Servs., Richard G. Shepherd v. Otis Bowen, Sec'y of Health & Human Servs., 800 F.2d 535 (6th Cir. 1986).
Luther D. Mullen v. Otis Bowen, Sec'y of Health & Human Servs., Richard G. Shepherd v. Otis Bowen, Sec'y of Health & Human Servs., 800 F.2d 535 (6th Cir. 1986). “1968)); 43 C.F.R. §§ 4.320 , 4.340 (1985) (Regulations of the Secretary of Interior which provide that the Board of Indian Appeals “shall not be limited in its scope of review" in certain matters); 17 C.”
John H.M. Chen v. Gen. Acct. Off., 821 F.2d 732 (D.C. Cir. 1987). “104 (Commodities Futures Trading Commission); 43 C.F.R. § 4.320 (Board of Indian Appeals), while others explicitly deny it, see, e.”
George Kicking Woman v. Donald P. Hodel, Sec'y of the Interior, & Leo Lee Old Person, 878 F.2d 1203 (9th Cir. 1989). “" 43 C.F.R. § 4.320 6 . The equal protection claim may be dealt with summarily.”
Kakaygeesick v. Salazar, 656 F. Supp. 2d 964 (D. Minnesota 2009). “Even if such Petitions had been filed, that act of filing would not have exhausted the Petitioner’s administrative remedies, as 43 C.F.R. § 4.320 (a) provided, at the pertinent time, as follows: An interested party has a right to appeal to the [IBIA] from an order of an…”
Smith v. Babbitt, 96 F. Supp. 2d 907 (D. Minnesota 2000). “See 43 C.F.R. § 4.320 (stating, with regard to appeals in probate matters, that such appeals may be filed by “[a] party in interest”); 43 C.”
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