John W. Preston, Jr., Personally and as of the Estate of John W. Preston, Deceased, Oliver O. Clark and David D. Sallee v. United States

Quoting from the opening brief of the United States in this appeal it is stated: “This appeal is concerned with whether the appellants, attorneys for the plaintiffs in this suit, are at the present time entitled to a judgment for attorneys’ fees in this action. This appeal is from the Order for Dismissal of Petition for Supplemental Attorneys’ Fees and Expenses Advanced, and for Liens to Secure Payment Thereof and the Ancillary Order Quashing Notice of Pen-dency of Action.”

The gist of the proceeding is the claim of the petitioning attorneys that their services have not only benefited their employers but have incidentally benefited other persons who are not and never have been parties in the suit. They claim that because, as they allege, such others have been benefited incidentally and consequentially, they must pay to the petitioning attorneys reasonable “supplemental” attorneys’ fees and a just proportion of moneys advanced in the main action.

It is agreed by all including the court that the doctrine of class actions does not apply to this litigation.

There is an Indian reservation situate at Palm Springs, California, the land of which is held in trust by the government of…