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POLLEY'S LUMBER CO. v. UNITED STATES

No. 9425.

115 F.2d 751 (1940)

POLLEY'S LUMBER CO. v. UNITED STATES. UNITED STATES FIDELITY & GUARANTY CO. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

November 23, 1940.

Attorney(s) appearing for the Case

Howard Toole, W. T. Boone, and Donovan Worden, all of Missoula, Mont., for appellants.

Norman M. Littell, Asst. Atty. Gen., John B. Tansil, U. S. Atty., of Butte, Mont., and Norman McDonald, Charles R. Denny, Frank J. Dugan, and Roger P. Marquis, Attys., Department of Justice, all of Washington, D. C., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The appeal is from a judgment in favor of the government, entered on a directed verdict, in a suit on behalf of the Flathead tribe of Indians and certain individuals of the tribe.

In 1928, appellant Lumber Company and the Superintendent of the Flathead agency entered into a contract for the sale of timber located on lands in the Flathead Reservation. By the terms of the contract the Lumber Company agreed to cut and pay for at least 12...

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