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UNITED STATES v. COLVARD

No. 4137.

89 F.2d 312 (1937)

UNITED STATES v. COLVARD et al.

Circuit Court of Appeals, Fourth Circuit.

April 6, 1937.

Attorney(s) appearing for the Case

Angus D. MacLean, Sp. Asst. to Atty. Gen. (Harry W. Blair, Asst. Atty. Gen., Marcus Erwin, U. S. Atty., of Asheville, N. C., and Nere E. Day, Sp. Atty., Department of Justice, on the brief), for appellant.

R. L. Phillips, of Robbinsville, N. C., for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is a suit instituted by the United States to enjoin the defendants from trespassing on certain lands of the Eastern Band of Cherokee Indians in Graham county, N. C., conveyed to the United States in trust pursuant to the Act of June 4, 1924, 43 Stat. 376, 25 U.S.C.A. 331 note, at page 186. The bill alleges that defendants have entered upon the lands in question and have constructed a roadway for their personal use leading from their sawmill...

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