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1929, February 23; 45 Stat. 1256; Coos Bay Indian Tribes...

143

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1932, June 6; 47 Stat. 169, 261; Flash Chemical Co.---.

350

1932, June 6; 47 Stat. 169, 264; Halsam Products... 1932, June 14; 47 Stat. 307; Coos Bay Indian Tribes. 1933, May 12; 48 Stat. 31, 52; Perry--

439

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1934, May 10; 48 Stat. 680, 769, 770; Chicago Telephone_-_ 1934, June 13; 48 Stat. 1386; Carden___.

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1934, June 16; 48 Stat. 974:

Kelly...

271

John McShain____

581

1934, June 18; 48 Stat. 979; Chippewa Indians.

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1934, June 19; 48 Stat. 1064; Pratt___

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1935, August 7; 49 Stat. 2112; Gates....

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1936, March 14; 49 Stat. 1161; Nelson Thomas_

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UNITED STATES CODE

Title 15, sections 702, 712; John McShain.........

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Title 26, section 103 (12); Farmers Cooperative Co....

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Title 26, section 510; Dunigan___

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Title 26, sections 1672, 1673; U. S. Trust Co..

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Title 31, section 227; Aluminum Company of America.......

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Title 40, section 258; Ingram Day Lumber Co..
Title 41, sections 28-33; John McShain.

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ORDER OF THE COURT RELATING TO THE DEATH

OF MR. GEORGE A. KING

OCTOBER 3, 1938.

The court with profound regret announces the sudden passing of Mr. George A. King. Mr. King was the oldest practitioner at this bar. During his long professional career he, in virtue of his ability, unimpeachable character, and attractive personality, incurred and retained not only the respect but personal esteem and affection of both the bench and bar. It will be noted upon our records that when court adjourns today it will be out of respect for his memory.

XXIII

CASES DECIDED

IN

THE COURT OF CLAIMS

April 19, 1938, to December 4, 1938

CHIPPEWA INDIANS OF MINNESOTA v. THE UNITED STATES

[No. H-192. Decided January 12, 1938*]

On the Proofs

Indian claims; limitations contained in jurisdictional Act.-Under the jurisdictional Act of May 14, 1926, as amended, the measure of plaintiffs' recovery is limited to the value of the lands and timber thereon included in the national forests as of May 23, 1908, and plaintiffs are not entitled to recover on the basis of subsequent valuation. Same.-Where the court's jurisdiction is limited, under the special Act, to "legal and equitable claims arising under or growing out of the Act of January 14, 1889 or arising or growing out of any subsequent Act of Congress," a claim which arose prior to the Act of January 14, 1889, cannot be allowed.

The Reporter's statement of the case:

Messrs. Webster Ballinger and Donald S. Holmes for the plaintiffs. Baldwin, Holmes, Mayall & Reavill were on the brief.

Mr. Walter C. Shoup, with whom was Mr. Assistant Attorney General Carl McFarland, for the defendant. Mr. Frank Chambers, Acting Assistant Attorney General, and Mr. George T. Stormont were on the brief.

The court made special findings of fact as follows:

1. The act approved May 14, 1926 (44 Stat., 555), as amended by the acts approved April 11, 1928 (45 Stat.,

• See Memorandum on p. 39.

1

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