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HOPKINS v. UNITED STATES

No. 21456.

414 F.2d 464 (1969)

Amos A. HOPKINS (Dukes) et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Ninth Circuit.

May 19, 1969.

Attorney(s) appearing for the Case

Fred W. Gabourie (argued), of Merdler & Gabourie, Sherman Oaks, Cal., for appellants.

Raymond N. Zagone, Washington, D. C. (argued), Shiro Kashiwa, Asst. Atty. Gen., S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., Richard J. Dauber, Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Richard B. Collins, Jr., George F. Duke, Lee J. Sclar, Santa Rosa, Cal., Calif. Indian Legal Services, Inc., amicus curiae.

Before BARNES and BROWNING, Circuit Judges, and McNICHOLS, District Judge.

BROWNING, Circuit Judge:

Each plaintiff-appellant filed an application with the Department of Interior for an Indian allotment of 160 acres of grazing lands in the public domain under section 4 of the General Allotment Act of 1887, as amended, 25 U.S.C. § 334.

Seven applications were rejected by the District Land Office on the ground that the lands had been ordered sold pursuant to 43 U.S.C. § 1171, and...

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