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GERARD v. UNITED STATES

No. 11591.

167 F.2d 951 (1948)

GERARD et al. v. UNITED STATES et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 1, 1948.

Attorney(s) appearing for the Case

S. J. Rigney, of Cut Bank, Mont., for appellants.

Wilbur P. Werner, of Cut Bank, Mont., and Louis P. Donovan, of Shelby, Mont., for appellees Shupe and McCanaha.

H. C. Hall and C. Alexander, both of Great Falls, Mont., for appellees Frary and Mercer.

Murrills & Frisbee, of Cut Bank, Mont., for appellees Sherburne.

A. DeVitt Vanech, Asst. Atty. Gen., Roger P. Marquis, of Washington, D. C., and John B. Tansil, U. S. Atty., of Billings, Mont., for appellee U. S. A.

Before DENMAN, STEPHENS, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of two Blackfeet Indians seeking to establish title to land held by them under trust patents issued to them on land previously allotted to them. The dismissal was on the ground that the United States is a necessary party and that its wards have no power so to join it.

The complaint alleges the land covered by the trust patent is in the Blackfeet Indian Reservation. The plaintiffs...

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