UNITED STATES v. CHILDS

No. 22601.

429 F.2d 603 (1970)

UNITED STATES of America, Appellant, v. Colonel Frank CHILDS and Elizabeth Childs, Appellees.

United States Court of Appeals, Ninth Circuit.

June 24, 1970.


Attorney(s) appearing for the Case

Frank B. Friedman (argued), Edmund B. Clark, Attys., Clyde O. Martz, Asst. Atty. Gen., Lands Div., Dept. of Justice, Washington, D. C., Jo Ann D. Diamos, Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Tucson, Ariz., Raymond N. Zagone (argued on rehearing), Shiro Kashiwa, Asst. Atty. Gen., Lands Div., Dept. of Justice, Washington, D. C., Richard K. Burke, U. S. Atty., for appellant.

Dale Haralson (argued), Bob Barber, of Barber & Haralson, Cusick, Watkins & Stewart, Tucson, Ariz., for appellees.

Before BROWNING and CARTER, Circuit Judges, and GRAY, District Judge.


OPINION UPON REHEARING

GRAY, District Judge:

This is an action, brought by the United States Government, to quiet title to a 640-acre ranch (the ranch) in Arizona. The Government contends that it holds title to the ranch as trustee pursuant to a trust created in 1947 by Thomas Childs, Jr. (Mr. Childs) and his wife, both now deceased, for the benefit of their children and of the Papago Indian Tribe, of which Mrs. Childs was a full-blooded member. The twelve...

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