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BLAIR v. McALHANEY

No. 4846.

123 F.2d 142 (1941)

BLAIR, Sup't of Cherokee Indian Agency, v. McALHANEY.

Circuit Court of Appeals, Fourth Circuit.

October 17, 1941.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Theron L. Caudle, U. S. Atty., of Wadesboro, N. C. (Vernon L. Wilkinson and Marvin J. Sonosky, Attys., Department of Justice, both of Washington, D. C., on the brief), for appellant.

G. Lyle Jones, George H. Ward, and G. L. Jones, Jr., all of Asheville, N. C., for appellee.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.

PER CURIAM.

This is an appeal from an interlocutory order in a suit instituted against the Commissioner of Indian Affairs and the Superintendent of the Cherokee Indian Agency having charge of the Cherokee Indian Reservation in Swain County, North Carolina. The plaintiff, L. F. McAlhaney, had been operating a store on the reservation under license from the Commissioner of Indian Affairs. This license had expired and the Commissioner had refused to renew it. Plaintiff...

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