KEYS
v.
UNITED STATES

U.S. | 1942-06-01
No. 1217
316 U.S. 694 Supreme Court of the United States (1942) Positive Treatment
Cited by 70 cases

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  • …to tax reservation lands was invalidated as an interference with Indian possessory rights guaranteed by the Federal Government. Much later, in United States v. Forness, 125 F. 2d 928 (CA2), cert. denied, sub nom. City of Salamanca v. United States, 316 U. S. 694 (1942),8 the Government sued [*673] to set aside certain leases granted by the Seneca tribe on certain reservation lands. It was argued in opposition that the suit was merely an action for ejectment [*674] which under state law could be defeated by…
  • …l statutory guidance, the governing rule of decision would be fashioned by the federal court in the mode of the common law.” Id., at 674 (citing United States v. Forness, 125 F. 2d 928 (CA2), cert, denied sub nom. City of Salamanca v. United States, 316 U. S. 694 (1942)). In keeping with these well-established principles, we hold that the Oneidas can maintain this action for violation of their possessory rights based on federal common law. B Pre-emption Petitioners argue that the Nonintercourse Acts pree…
  • …2 (1964). For the nature and purpose of findings of fact and conclusions of law and the duty of the trial judge in their preparation, see United States v. Forness, 125 F. 2d 928, 942-943 (2d Cir.), cert. denied, City of Salamanca v. United States, 316 U.S. 694, 62 S.Ct. 1293, 86 L.Ed. 1764 (1942). Some courts have indicated that it is not impermissible for the District Court to adopt, verbatim, proposed findings and conclusions in a case involving highly technical issues, such as may be involved in paten…

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