BIRD BEAR v. McLEAN COUNTY

No. 74-1641.

513 F.2d 190 (1975)

Iris BIRD BEAR and Rosalie Bird Bear (a/k/a Rose Chavarria), Appellants, v. McLEAN COUNTY et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed April 1, 1975.


Attorney(s) appearing for the Case

Thomas K. Schoppert, North Dakota Legal Services, Inc., New Town, N. D., for appellants.

Andrew R. Tossett, Minot, N. D., for appellees.

Before MATTHES, Senior Circuit Judge, and STEPHENSON and WEBSTER, Circuit Judges.


STEPHENSON, Circuit Judge.

The issue on this appeal is whether section 8 of the Highway Act of 1866, 43 U.S.C. § 932 (1970) [hereinafter cited as Highway Act], granted an easement for section line roads over appellants' property which is operative notwithstanding the fact that the Indians appellants hold the land pursuant to a trust patent issued by the United States in accordance with 25 U.S.C. § 331 et seq. (1970). We find that the right of way granted...

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