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SHADE V. DOWNING, 333 U. S. 586 (1948)

U.S. Supreme Court

Shade v. Downing, 333 U.S. 586 (1948)

Shade v. Downing

No. 448

Argued February 11, 1948

Decided April 5, 1948

333 U.S. 586


The United States is not a necessary party to a proceeding, brought under the Act of June 14, 1918, to determine the heirship of a deceased citizen allottee of the Five Civilized Tribes. Pp. 333 U. S. 586-590.

Petitioner brought suit against respondents in an Oklahoma state court, claiming an interest in lands of a deceased citizen allottee of the Five Civilized Tribes. Upon motion of the Superintendent for the Five Civilized Tribes, who had been served with notice of the proceeding, the cause was removed to the Federal District Court. Judgment was entered for respondents. On appeal, the Circuit Court of Appeals certified a question to this Court for determination. The question certified is here answered "No," p. 333 U. S. 590.

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