Legal Opinion

United States v. Parton

Court of Appeals for the Fourth Circuit

Decided January 11, 1943No. 5023PublishedCited by 14 opinions

1Per curiam

This is an appeal from a decree denying an injunction in a suit brought to enjoin defendants, who admittedly had not been licensed by the Commissioner of Indian Affairs, from engaging in business as Indian traders on the Cherokee Indian Reservation in Western North Carolina.

The principal contention of the defendants is that the Eastern Band of Cherokee Indians is not an Indian tribe and that the land which they occupy is not an Indian reservation within the meaning of 25 U.S.C.A. §§ 261 and 262, which provide:

“§ 261. Power to appoint traders with Indians. The Commissioner of Indian Affairs…

2Cases cited10 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. Minnesota v. HitchcockSupreme Court of the United States · 1902
  3. United States v. SandovalSupreme Court of the United States · 1913
  4. United States v. McGowanSupreme Court of the United States · 1938
  5. Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892

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3Cited by14 opinions

  1. Haile v. SaunookeCourt of Appeals for the Fourth Circuit · 1957
  2. United States v. Thurston CountyDistrict Court, D. Nebraska · 1944
  3. Eastern Band of Cherokee Indians, June Taylor Maldonado, Individually and on Behalf of All Other Similarly Situated Persons v. Mark G. Lynch, Individually and as Secretary of Revenue for the State of North Carolina the North Carolina Department of Revenue Glenn McHan Odell Grant, William G. Davis, Individually and as Commissioners for the County of Swain the County of Swain v. United States of America, Amicus Curiae. Eastern Band of Cherokee Indians v. Mark G. Lynch, Secretary of Revenue for the State of North Carolina Department of RevenueCourt of Appeals for the Fourth Circuit · 1980
  4. Eastern Band of Cherokee Indians v. North Carolina Wildlife Resources CommissionCourt of Appeals for the Fourth Circuit · 1978
  5. Nettie S. Crowe, a Member of the Eastern Band of Cherokee Indians v. Eastern Band of Cherokee Indians, Inc., and Eastern Cherokee Tribe of Indians, United States of America, Nettie S. Crowe, a Member of the Eastern Band of Cherokee Indians v. Eastern Band of Cherokee Indians, Inc., Eastern Cherokee Tribe of Indians, and United States of America, Nettie S. Crowe, a Member of the Eastern Bank of Cherokee Indians v. Eastern Band of Cherokee Indians, Inc. v. Living Heirs of William T. Saunooke, Deceased, IntervenorsCourt of Appeals for the Fourth Circuit · 1974

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