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UNITED STATES v. PARTON

No. 5023.

132 F.2d 886 (1943)

UNITED STATES v. PARTON et al.

Circuit Court of Appeals, Fourth Circuit.

January 11, 1943.

Attorney(s) appearing for the Case

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

W. R. Francis, of Waynesville, N. C. (Jones, Ward & Jones, of Asheville, N. C., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from a decree denying an injunction in a suit brought to enjoin defendants, who admittedly had not been licensed by the Commissioner of Indian Affairs, from engaging in business as Indian traders on the Cherokee Indian Reservation in Western North Carolina.

The principal contention of the defendants is that the Eastern Band of Cherokee Indians is not an Indian tribe and that the land which they occupy is not an Indian reservation...

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