Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GILA RIVER INDIAN COMMUNITY , No. 11-15631 a federally recognized Indian Tribe; DELVIN JOHN TERRY ; D.C. Nos. CELESTINO RIOS; BRANDON RIOS; 2:10-cv-01993-DGC DAMON RIOS; CAMERON RIOS, 2:10-cv-02017-DGC Plaintiffs, 2:10-cv-02138-DGC JOHN MCCOMISH , Arizona Legislature, Majority Leader; CHUCK GRAY , Arizona Legislature, Sena

N.R. SMITH, Circuit Judge, dissenting: “Of all the attributes of sovereignty, none is more indisputable than that of [a State’s] action upon its own territory.” Green v. Biddle, 21 U.S. 1, 43, 8 Wheat. 1, 5 L.Ed. 547 (1823). Yet today, the majority holds that it was permissible for an agency to exercise what Chief Justice Roberts has called “an extraordinary assertion of power”1

N.R. SMITH, Circuit Judge, dissenting: “Of all the attributes of sovereignty, none is more indisputable than that of [a State’s] action upon its own territory.” Green v. Biddle, 21 U.S. 1, 43, 8 Wheat. 1, 5 L.Ed. 547 (1823). Yet today, the majority holds that it was permissible for an agency to exercise what Chief Justice Roberts has called “an extraordinary assertion of power”1

150 F.Supp. 98 (1957) Calvin GEARHART, Plaintiff, v. WSAZ, Inc., Defendant. No. 364. United States District Court E. D. Kentucky, Catlettsburg Division. March 9, 1957. *99 *100 W. H. Dysard, E. Poe Harris, Ashland, Ky., for plaintiff. Campbell, McNeer & Woods, by L. E. Woods, Jr., S

Bhannon, Judge: F. A. J. Ferrell owning a tract of three hundred acres of land, had prepared the draft of a deed of gift, by which he proposed to divide the land between four sons, one named Floyd, and a daughter, Anna. He was then a widower. The draft bore date 4 May, 1881. By one of the sections of the deed he gave Floyd all the land from the mouth of Warm Hollow running up the river by given boundary. By another section he