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CROWE v. EASTERN BAND OF CHEROKEE INDIANS, INC.

No. 77-2631.

584 F.2d 45 (1978)

Berdina CROWE, Ernestine Walkingstick, Nancy Rose Long, John C. Standingdeer, Sr., Pauline Thompson Gutierrez, Ella Jackson, Helen Jacobs, Geraldine Sarah Thompson, Robert S. Youngdeer, Ruth Taylor and Richard (Geet) Crowe, on behalf of themselves and all other eligible enrolled voters of the Eastern Band of Cherokee Indians similarly situated, Appellants, v. EASTERN BAND OF CHEROKEE INDIANS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1978.

Attorney(s) appearing for the Case

Wesley F. Talman, Jr., Asheville, N. C. (McLean, Leake, Talman & Stevenson, Asheville, N. C., on brief), for appellants.

Ben O. Bridgers, Sylva, N. C. (Hoit, Haire & Bridgers, Sylva, N. C., on brief), for appellee.

Before BOREMAN and FIELD, Senior Circuit Judges, and HALL, Circuit Judge.

PER CURIAM:

The plaintiffs, enrolled members and voters of the Eastern Band of Cherokee Indians, filed this action, contending that the Tribal Council permitted irregularities in the September 1, 1977, tribal election in violation of the equal protection and due process rights guaranteed to the plaintiffs by the Indian Civil Rights Act of 1968 (ICRA), 25 U.S.C. § 1302(8). The complaint alleged jurisdiction under 28 U.S.C. § 1343(4), and prayed for both declaratory...

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