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UNITED STATES v. FLOWER

No. 11435.

108 F.2d 298 (1939)

UNITED STATES v. FLOWER et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 15, 1940.

Attorney(s) appearing for the Case

Vernon L. Wilkinson, Associate Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Thomas E. Harris, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

Amos M. Mathews, of Chicago, Ill. (J. W. Kindig and F. F. Faville, both of Sioux City, Iowa, on the brief), for appellees.

Before THOMAS and VAN VALKENBURGH, Circuit Judges, and DEWEY, District Judge.

DEWEY, District Judge.

This suit was brought by the United States on behalf of the Winnebago Tribe of Indians to recover certain lands which lie in the Missouri River bottom. It was claimed that about 4000 acres were accretions to lands which had been allotted to the Indian Tribe.

The suit was brought in equity but as the plaintiff did not have possession and the defendants were in possession under claim of right...

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