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HAILE v. SAUNOOKE

Civ. No. 1544.

148 F.Supp. 602 (1957)

Henry Thomas HAILE, Jr., Melvin Thomas Haile, a minor, suing by next friend and father, Henry Thomas Haile, Jr., Carolyn Darlene Haile, a minor, suing by next friend and father, Henry Thomas Haile, Jr., Ora Ellen Smith, Mrs. Gertrude L. Haile, and Henry Thomas Haile, Plaintiffs, v. Osley Bird SAUNOOKE, Bertha Saunooke, The Eastern Band of Cherokee Indians, a Corporation, and the United States, in its capacity as a government and also as trustee for and guardian of the Eastern Band of Cherokee Indians and the individual members thereof, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

January 23, 1957.

Attorney(s) appearing for the Case

Uzzell & DuMont, Asheville, N. C., Folts, Brammer, Bishop & Thomas, Chattanooga, Tenn., O. L. Anderson, Murphy, N. C., for plaintiff.

James M. Baley, Jr., U. S. Atty., Hugh E. Monteith, Asst. U. S. Atty., Asheville, N. C., George Cochran Doub, Asst. Atty. Gen., John G. Roberts, Atty. Dept. of Justice and Theodore H. Haas, Asst. Sol., Dept. of Interior, for defendant.

WARLICK, District Judge.

This cause coming on to be heard and being heard before the undersigned United States District Judge upon the motion of the defendant the United States, acting in its sovereign capacity as a government and in its capacity as Trustee for and Guardian of the Eastern Band of Cherokee Indians and the individual members thereof, to dismiss this action as to the United States in its capacity as Trustee for and Guardian of the Eastern Band of Cherokee...

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