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FLEMING v. McCURTAIN

No. 253.

215 U.S. 56 (1909)

FLEMING v. McCURTAIN.

Supreme Court of United States.

Decided November 8, 1909.

Attorney(s) appearing for the Case

Mr. Frank Hagerman and Mr. John G. Carlisle, with whom Mr. Webster Ballinger and Mr. Albert J. Lee were on the brief for appellants.1

Mr. Edward P. Hill, with whom Mr. David C. McCurtain was on the brief for Green McCurtain, appellee.1

The Solicitor General for Richard A. Ballinger, Secretary of the Interior, appellee.1

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity purporting to be brought by and on behalf of some thirteen thousand persons "all persons of Choctaw or Chickasaw Indian blood and descent and members of a designated class of persons for whose exclusive use and benefit a special grant was made" of certain property in Oklahoma. The principal defendants are, the Secretary of the Interior; McCurtain...

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