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UNITED STATES v. CLINE

Civ. No. 1954.

225 F.Supp. 488 (1964)

UNITED STATES of America, Plaintiff, v. Fred CLINE and wife, Luzene Cline, Defendants.

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

January 2, 1964.

Attorney(s) appearing for the Case

William Medford, U. S. Atty., Asheville, N. C., for plaintiff.

Frank M. Parker and James M. Baley, Jr., Asheville, N. C., for Eastern Band of Cherokee Indians.

Herbert L. Hyde and Roy W. Davis, Jr., Asheville, N. C., and E. B. Whitaker, Bryson City, N. C., for defendants.

CRAVEN, Chief Judge.

This suit started as an ejectment action, but has been narrowed, by reason of stipulations, to a boundary line dispute between the United States and the Clines — i. e., simply whether the Clines' occupancy of land is within that owned by the United States in trust for the Indians, or within a pond area deeded by the Indians to Bryson City.

By a deed dated July 1, 1924, the Eastern Band of Cherokee Indians purportedly conveyed to...

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