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KLAMATH & MODOC TRIBES, ETC. v. MAISON

Civ. A. No. 8081.

139 F.Supp. 634 (1956)

KLAMATH & MODOC TRIBES and YAHOOSKIN BAND OF SNAKE INDIANS OF THE KLAMATH RESERVATION in the State of Oregon, Seldon E. Kirk, Dibbon Cook, Delford Lang, Wernie Foster, Dice Crane, J. L. Kirk, Elnathan Davis, Boyd J. Jackson, Joe Miller, Jr.,—each on its or his own behalf and as representative of the Indians of the Klamath Reservation, Oregon, Plaintiffs, v. H. G. MAISON, individually and as Superintendent, Department of State Police, State of Oregon; J. H. Van Winkle, Chairman, Delbert Gildersleeve, Donald Mitchell, Kenneth G. Denman, and Elmer H. Balsiger,—each individually and as a member of the State Game Commission of the State of Oregon, Robert Y. Thornton, individually and as Attorney General of the State of Oregon, Defendants. The United States of America, Intervener.

United States District Court D. Oregon.

March 13, 1956.

Attorney(s) appearing for the Case

Mr. J. C. O'Neill, Klamath Falls, Or., and John W. Cragun (of Wilkinson, Boyden, Cragun & Barker), Washington, D. C., for plaintiffs.

Charles F. Luce, Walla Walla, Wash., for Confederated Tribes of Umatilla Indian Reservation.

Arthur G. Higgs and John D. Nichols, Asst. Atty. Gen., for State of Oregon.

C. E. Luckey, U. S. Atty., Portland, Or., for the United States.

SOLOMON, District Judge.

The Court makes the following

Findings of Fact

1. Plaintiff Klamath & Modoc Tribes and Yahooskin Band of Snake Indians (hereinafter referred to as the "Klamath Tribe") is a recognized tribe or community of Indians organized under a constitution and by-laws approved by the Secretary of the Interior, and maintaining a tribal government and the ownership of tribal property in connection with the Klamath Reservation in the...

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