United States v. Preston (Two Cases)

Good Law
202 F.2d 740·1953 U.S. App. LEXIS 3299
United States Court of Appeals for the Ninth CircuitMarch 16, 195313103_1California1,612 words

Opinion

Opinion

Stephens, J.

The appeals in these actions concern attorney fees for services rendered certain persons of the Palm Springs Band of Mission Indians. We set out in a note at the end of this opinion citation of the several court decisions and opinions, with topical reference. Suffice it to say that the Indian clients of appellees were awarded allotments through the litigation and the attorneys were awarded fees in accordance with a given percentage of the value of the allotments, and liens were impressed upon the allotted lands for payment of the fees. Upon appeal to this court the employment of attorneys was upheld but payments upon percentages of the value of the allotted lands recovered, were held void. We found that the statute, authorizing the suits, did not leave the Indians free to< employ attorneys except upon a quantum meruit basis, and we affirmed the right of the court to impress liens on the lands for the sums found as reásonable and due. Upon remand, District Judge Cavanah, in case No. 12962 (Eleuteria Brown Arenas), and Judge Mathes in case No. 13103 (Lee Arenas), heard evidence and fixed sums as the reasonable value of the services rendered, and impressed liens upon the land…

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