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HAILE v. SAUNOOKE

No. 7418.

246 F.2d 293 (1957)

Henry Thomas HAILE, Jr., individually, and as Administrator of the estate of Agnes Lewis Haile, Deceased, et al., Appellants, v. Osley Bird SAUNOOKE, Bertha Saunooke, The Eastern Band of Cherokee Indians, a Corporation, and the United States, in its capacity as a government and also as trustee for and guardian of The Eastern Band of Cherokee Indians and the individual members thereof, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 13, 1957.

Attorney(s) appearing for the Case

Thomas A. Uzzell, Jr., Asheville, N. C. (Uzzell & DuMont, Asheville, N. C., Folts, Brammer, Bishop & Thomas, Chattanooga, Tenn., and O. L. Anderson, Murphy, N. C., on the brief), for appellants.

Frank M. Parker, Asheville, N. C., and William W. Ross, Atty., Dept. of Justice, Washington, D. C. (George H. Ward, Asheville, N. C., and George Cochran Doub, Asst. Atty. Gen., J. M. Baley, Jr., U. S. Atty., Marshall, N. C., and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

PARKER, Chief Judge.

This is an action to recover damages for personal injuries sustained from the collapse of a swinging bridge over the Oconaluftee River on the Cherokee Indian Reservation in Swain County, North Carolina. The plaintiffs are citizens of Tennessee who were on a visit to the reservation and who were crossing the bridge to reach a tourist attraction operated by Osley Bird Saunooke and his wife, members of the Eastern Band of Cherokee Indians. Saunooke...

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