STATE OF UTAH; George D. Fehr; Earl E. Fehr; Joe Lyon, Jr.; and United Western Minerals Company, a corporation, Appellants,
v.
UNITED STATES of America, Appellee.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
May 10, 1962.
May 10, 1962.
Attorney(s) appearing for the Case
Grant H. Bagley, Salt Lake City, Utah (Walter L. Budge, Atty. Gen., State of Utah, Clifford L. Ashton, and Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, were with him on the brief), for appellants.
Parker M. Neilsen, Asst. U. S. Atty. (Ramsey Clark, Asst. Atty. Gen., William T. Thurman, U. S. Atty., C. Nelson Day, Asst. U. S. Atty., Roger P. Marquis, and A. Donald Mileur, Attorneys, Department of Justice, Washington, D. C., were with him on the brief), for appellee.
Before BRATTON, HUXMAN, and BREITENSTEIN, Circuit Judges.
United States Court of Appeals Tenth Circuit.
BRATTON, Circuit Judge.
In United States v. Utah, 283 U.S. 64, 51 S.Ct. 438, 75 L.Ed. 844, sometimes hereinafter referred to as the earlier case, it was determined that the San Juan River from the mouth of Chinle Creek downstream to its confluence with the Colorado River, a distance of 133 miles, was non-navigable at the date of the admission of Utah to the Union on January 4, 1896. That case was decided in 1931.
In 1959, the...
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