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UNITED STATES v. NATIONAL GYPSUM CO.

No. 97.

141 F.2d 859 (1944)

UNITED STATES v. NATIONAL GYPSUM CO. et al.

Circuit Court of Appeal, Second Circuit.

March 31, 1944.

Attorney(s) appearing for the Case

Finck & Huber, of Buffalo, N. Y. (Elmer E. Finck and John F. Huber, Jr., both of Buffalo, N. Y., of counsel), for defendant-appellant National Gypsum Co.

Nathaniel L. Goldstein, Atty. Gen. (Orrin G. Judd, Sol. Gen., of Albany, N. Y., and Henry S. Manley, Asst. Atty. Gen., of counsel), for defendant-appellant People of New York.

Norman M. Littell, Asst. Atty. Gen., and Vernon L. Wilkinson and Roger P. Marquis, Attys., Department of Justice, and George L. Grobe, U. S. Atty., all of Washington, D. C., for the United States.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The United States brought suit at the request of the Secretary of the Interior on behalf of the Tonawanda Tribe or Band of Seneca Indians to have two leases of lands in their Reservation in Western New York which are held by the defendant, National Gypsum Company, declared void. The People of the State of New York were made a party to the suit. Both the National Gypsum Company and the State...

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