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JOHNSON v. PAYNE

No. 291.

253 U.S. 209 (1920)

UNITED STATES EX REL. JOHNSON ET AL. v. PAYNE, SECRETARY OF THE INTERIOR.

Supreme Court of United States.

Decided June 1, 1920.

Attorney(s) appearing for the Case

Mr. Charles H. Merillat, with whom Mr. W.C. Franklin was on the brief, for plaintiffs in error.

Mr. Assistant Attorney General Nebeker, with whom Mr. H.L. Underwood, Special Assistant to the Attorney General, was on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a petition for a writ of mandamus to require the Secretary of the Interior to place the names of the petitioners upon the rolls of the members of the Creek Nation. The petition was dismissed by the Supreme Court of the District of Columbia and the judgment was affirmed by the Court of Appeals. We are not called upon to consider the antecedent facts of the petitioners' case as all that is material can be...

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