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UNITED STATES v. WEST

No. 14854.

232 F.2d 694 (1956)

UNITED STATES of America, Appellant, v. Earl WEST, Elsie West, Arlo West, Glen West, Dorothy West (a minor), and Rosalind West (a minor), Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 25, 1956.

Attorney(s) appearing for the Case

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Reginald W. Barnes, attorneys, Department of Justice, Washington, D. C., Jack D. H. Hays, U. S. Attorney, Phoenix, Ariz., for appellant.

Frank E. Flynn, Moeur & Moeur, W. A. Moeur, Phoenix, Ariz., for appellee.

Before STEPHENS and POPE, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

This appeal is from a judgment dismissing, after trial on the merits, the Government's suit commenced May 19, 1954, to enjoin an alleged continuing trespass upon lands of the Fort Apache Indian Reservation.

There appears to be no controversy as to the facts. The trial court found inter alia:

"That one Corydon C. Cooley, a white man, about the year 1872 married Mollie Pinal, Apache Indian, and that shortly after their marriage...

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