UNITED STATES v. PORTER

No. 5237.

22 F.2d 365 (1927)

UNITED STATES v. PORTER et al.

Circuit Court of Appeals, Ninth Circuit.

November 7, 1927.


Attorney(s) appearing for the Case

John B. Wright, U. S. Atty., of Tucson, Ariz., and George R. Hill, Asst. U. S. Atty., of Phœnix, Ariz.

Levi S. Udall, Co. Atty., of St. Johns, Ariz. (Maurice Barth, of St. Johns, Ariz., of counsel), and Isaac Barth, of Holbrook, Ariz., for appellees.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


RUDKIN, Circuit Judge.

The present suit was instituted by the United States against the taxing officers of Apache county, Arizona, to restrain them from assessing, levying, and collecting taxes on about 1,000 head of sheep and 100 head of cattle, owned by certain Indians belonging to the Navajo Tribe. From a decree of dismissal the present appeal was prosecuted. The material facts, taking the view most favorable to the appellant, are as follows:

The Indians...

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