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UNITED STATES v. 21,250 ACRES OF LAND, ETC.

Civ. A. No. 7279.

161 F.Supp. 376 (1957)

UNITED STATES of America, Plaintiff, v. 21,250 ACRES OF LAND, MORE OR LESS, SITUATE IN CATTARAUGUS COUNTY, State of New York, The Seneca Nations of Indians, a Body Corporate, et al., Defendants.

United States District Court W. D. New York.

January 11, 1957.

Attorney(s) appearing for the Case

John O. Henderson, U. S. Atty., for the Western District of New York, Buffalo, N. Y. (John C. Broughton, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for plaintiff.

Edward E. O'Neill, Gowanda, N. Y. (Charles H. Price, Jamestown, N. Y., of counsel), for defendants.

MORGAN, District Judge.

On January 3, 1957, this court granted an order, ex-parte, of taking, pursuant to the language of section 258a of Title 40 U.S.C.A., of certain Indian land, known as the Allegheny reservation and occupied by the Six Nations; based upon the verified assertion of the Secretary of War that a survey of such lands and others would be necessary for the construction of the Kinzua dam.

Under the statutes of the United States, the court had...

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