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UNITED STATES v. CLINE

No. 8596.

307 F.2d 282 (1962)

UNITED STATES of America, Appellee, v. Fred CLINE and wife Luzene Cline, Appellants.

United States Court of Appeals Fourth Circuit.

Decided August 22, 1962.

Attorney(s) appearing for the Case

Herbert L. Hyde, Asheville, N. C. (Van Winkle, Walton, Buck & Wall, Asheville, N. C., on brief), for appellants.

Edmund B. Clark, Bethesda, Md. (Ramsey Clark, Asst. Atty. Gen., William Medford, U. S. Atty., and Roger P. Marquis and A. Donald Mileur, Attys., Dept. of Justice, on brief), for appellee.

Before SOPER and BRYAN, Circuit Judges, and LARKINS, District Judge.

ALBERT V. BRYAN, Circuit Judge.

Eviction of Fred Cline and his wife from certain land in North Carolina was ordered by the District Court at the suit of the United States on the finding that its ward — the Eastern Band of Cherokee Indians — was the owner and the Clines were without any right of occupancy of the property.* This appeal of the Clines, in putting before us generally the issue of title to the land, first requires...

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