HAILE v. SAUNOOKE

Civ. A. No. 1544.

148 F.Supp. 604 (1957)

Henry Thomas HAILE, Jr., individually, and as Administrator of the estate of Agnes Lewis Haile, Deceased; Melvin Thomas Haile, a minor, suing by next friend and father, Henry Thomas Haile, Jr.; Carolyn Darlene Haile, a minor, suing by next friend and father, Henry Thomas Haile, Jr.; Ora Ellen Smith; Mrs. Gertrude L. Haile; and Henry Thomas Haile, Plaintiffs, 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, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

January 25, 1957.


Attorney(s) appearing for the Case

Uzzell & Du Mont, Asheville, N. C., Folts, Brammer, Bishop & Thomas, Chattanooga, Tenn., O. L. Anderson, Murphy, N. C., for plaintiff.

Frank M. Parker, George H. Ward, Asheville, N. C., for defendants.


WARLICK, District Judge.

This cause, coming on to be heard before the undersigned United States District Judge upon the motion of the defendant, the Eastern Band of Cherokee Indians, to dismiss this action as to said defendant, and being heard, the Court, after hearing argument of Counsel for the plaintiffs and the said defendant, and after considering the Complaint of the plaintiffs, the motion of the defendant, and the...

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