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UNITED STATES v. EASTMAN

No. 9558.

118 F.2d 421 (1941)

UNITED STATES et al. v. EASTMAN et al.

Circuit Court of Appeals, Ninth Circuit.

March 10, 1941.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., J. Charles Dennis, U. S. Atty., of Seattle, Wash., and Charles R. Denny and Roger P. Marquis, Attys., Dept. of Justice, both of Washington, D. C., for appellants.

W. A. Ackerman, of Aberdeen, Wash., for appellees.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This case involves the power of the Secretary of the Interior, under the act of June 25, 1910, 36 Stat. 855, 857,1 to condition his assent to the sale of timber on trust-allotted lands in the Quinaielt Indian reservation.

The suit was brought by six of the Indian allottees on behalf of themselves and all other allottees similarly situated. The plaintiffs sought a declaration that the Indians have authority...

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