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SHADE v. DOWNING

No. 448.

333 U.S. 586 (1948)

68 S.Ct. 702

92 L.Ed. 894

SHADE v. DOWNING ET AL.

Supreme Court of United States.

Decided April 5, 1948.

Attorney(s) appearing for the Case

Kelly Brown argued the cause for Shade, urging an affirmative answer.

Forrester Brewster argued the cause for Downing et al., urging a negative answer.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Circuit Court of Appeals for the Tenth Circuit, acting under Judicial Code § 239, 28 U.S.C. § 346, has certified the following question for our determination:

"(1) Is the United States a necessary party to a proceeding to determine the heirship of a deceased citizen allottee of the Five Civilized Tribes brought under the Act of June 19 [14], 1918, 40 Stat. 606?"

On January 4, 1935...

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