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HATCHITT v. UNITED STATES

No. 11205.

158 F.2d 754 (1946)

HATCHITT v. UNITED STATES (two cases).

Circuit Court of Appeals, Ninth Circuit.

December 12, 1946.

Attorney(s) appearing for the Case

John W. Preston, Oliver O. Clark, David D. Sallee and Robert A. Smith, all of Los Angeles, Cal., for appellants, Hatchitt.

David L. Bazelon, Asst. Atty. Gen., Roger P. Marquis and Dwight D. Doty, Attys., Dept. of Justice, all of Washington, D. C., and Eugene D. Williams, Sp. Asst. to the Atty. Gen., for appellee.

Before GARRECHT, MATHEWS and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

Consolidated by stipulation of the parties, these two appeals present the sole question of whether or not a defense of res judicata shall apply.

Each of the appellants is a duly enrolled and recognized member of the Palm Springs or Agua Caliente Band of Mission Indians of California. In each of the above entitled actions the respective plaintiff sought a judgment decreeing that on June 21, 1923, the United States of America allotted...

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