James OLIVER et al., Appellants,
v.
Stewart L. UDALL, Individually and as Secretary of Interior, Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 23, 1962.
Decided July 26, 1962.
Attorney(s) appearing for the Case
Mr. Sidney Dickstein, Washington, D. C., with whom Mr. David I. Shapiro, Washington, D. C., was on the brief, for appellants.
Mr. Floyd L. France, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Clark, Messrs. Roger P. Marquis and Robert S. Griswold, Jr., Attys., Dept. of Justice, were on the brief, for appellee. Mr. S. Billingsley Hill, Atty., Dept. of Justice, also entered an appearance for appellee.
Mr. Arthur Lazarus, Jr., Washington, D. C., filed a brief on behalf of the Assn. on American Indian Affairs, Inc., as amicus curiae, urging reversal.
Before DANAHER, BASTIAN and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
DANAHER, Circuit Judge.
Our appellants are eight Navajo Indians who reside on the Navajo Indian Reservation.1 They filed in the District Court "an action for a declaratory judgment to declare section 11.87NH of the Code of Indian Tribal Offenses, 25 CFR § 11.87NH (1953) (`Peyote Violations'), null and void, invalidly authorized and unconstitutional." Appellants had alleged that they are members of the Native American Church, and as...
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