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CONFEDERATED SALISH AND KOOTENAI TRIBES v. NAMEN

No. 75-1106.

534 F.2d 1376 (1976)

The CONFEDERATED SALISH AND KOOTENAL TRIBES et al., Plaintiffs-Appellants, v. James M. NAMEN et al., and City of Polson, a Montana Municipal Corporation, Intervenor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 12, 1976.

Attorney(s) appearing for the Case

Richard A. Baenen (argued), of Wilkinson, Cragun & Barker, Washington, D. C., for plaintiffs-appellants.

Urban Roth (argued), Butte, Mont., and Sam Haddon (argued), Missoula, Mont., for defendants-appellees.

F. L. Ingraham (argued), Ronan, Mont., for intervenor.

Glen R. Goodsell (argued), Dept. of Justice, Washington, D. C., for amicus curiae.

Before BARNES, SNEED and KENNEDY, Circuit Judges.

OPINION

PER CURIAM:

Defendant-appellee Namen owns property bordering upon Flathead Lake, within the boundaries of the Flathead Indian Reservation in Montana. Namen is the successor in interest to an Indian allottee who, pursuant to the Indian Allotment Act of 1904 (33 Stat. 302) and amendments thereto, obtained from the United States a patent in fee covering the lakeside property in question. In connection with his business, Namen has constructed piers,...

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