United States v. National Gypsum Co.

KNIGHT, District Judge.

Issue

This suit has been brought by the United States of America to have declared null and void Section 85 of the Act of the Legislature of the State of New York, approved February 17, 1909, and entitled “An Act in relation to Indians, constituting chapter twenty-six of the consolidated laws”; to declare null and void two leases, purporting to have been given for the mining of gypsum on the Tonawanda Reservation of Indians, in New York State.

Issue has been joined by the service of the Answers of the defendants. The plaintiff now moves for summary judgment under Rule 56…