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UNITED STATES v. FORNESS

No. 113.

125 F.2d 928 (1942)

UNITED STATES v. FORNESS et al. (SALAMANCA TRUST CO. et al., Interveners).

Circuit Court of Appeals, Second Circuit.

January 20, 1942.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., and Roger P. Marquis, John F. Cotter, and Charles R. Denny, Jr., Attys., Department of Justice, all of Washington, D. C., for United States, plaintiff-appellant.

Charles E. Congdon, of Salamanca, N. Y., for Frank A. Forness and Jessie A. Forness, appellees.

George H. Ansley, of Salamanca, N. Y., for City of Salamanca, First Nat. Bank of Salamanca, and Salamanca Federal Savings & Loan Assn., intervenors-appellees.

G. Sydney Shane, of Salamanca, N. Y., for City of Salamanca, intervenor-appellee.

Richard B. Congdon, of Salamanca, N. Y., for Salamanca Trust Co., intervenor-appellee.

Thomas H. Dowd, of Salamanca, N. Y., for Home Owners' Loan Corporation, intervenor-appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

This appeal presents the issue of whether the Seneca Nation of Indians, as lessor to the appellees of lands located within the City of Salamanca, New York, may cancel a ninety-nine year lease because of default in the payment of rent. Although there is directly before us only one lease, on which the annual rent is but $4, the question is of greater importance because the Nation, by resolution, has cancelled hundreds of similar leases. The Salamanca...

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