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UNITED STATES v. CLINE

Civ. No. 1954.

199 F.Supp. 676 (1961)

UNITED STATES of America, Plaintiff v. Fred CLINE and wife Luzene Cline, Defendants.

United States District Court W. D. North Carolina, Bryson City Division.

December 6, 1961.

Attorney(s) appearing for the Case

Hugh Monteith, U. S. Atty., Asheville, N. C., Frank M. Parker, J. M. Baley, Jr., Asheville, N. C., Counsel for Eastern Band of Cherokee Indians, for plaintiff.

E. B. Whitaker, T. D. Bryson, Jr., Bryson City, N. C., for defendants.

WARLICK, Chief Judge.

This is an action in ejectment instituted by plaintiff, the United States of America, against Fred Cline and wife, Luzene Cline, for the alleged purpose of determining the ownership of two separate tracts of land located in Swain County, in the Western District of North Carolina, to thereby secure possession thereof, and to recover damages for the unlawful detention and use by the defendants.

The trial was by consent had in the Asheville...

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