OREGON EX REL. STATE LAND BOARD v. CORVALLIS SAND & GRAVEL CO.

No. 75-567.

429 U.S. 363 (1977)

OREGON EX REL. STATE LAND BOARD v. CORVALLIS SAND & GRAVEL CO.

Supreme Court of United States.

Decided January 12, 1977.


Attorney(s) appearing for the Case

Peter S. Herman argued the cause for petitioner in No. 75-567 and for respondent in No. 75-577. With him on the briefs were Lee Johnson, Attorney General of Oregon, and W. Michael Gillette, Solicitor General.

Robert Mix argued the cause and filed briefs for respondent in No. 75-567 and for petitioner in No. 75-577.

Russell Iungerich, Deputy Attorney General of California, argued the cause for the State of California et al. as amici curiae in both cases. With him on the brief were Evelle J. Younger, Attorney General, Sanford N. Gruskin, Chief Assistant Attorney General, N. Gregory Taylor, Assistant Attorney General, and Jerold A. Krieger, Deputy Attorney General, joined by the Attorneys General for their respective States as follows: William J. Baxley of Alabama, Avrum Gross of Alaska, Robert L. Shevin of Florida, Arthur K. Bolton of Georgia, Ronald Amemiya of Hawaii, Wayne L. Kidwell of Idaho, Theodore L. Sendak of Indiana, Richard C. Turner of Iowa, William J. Guste, Jr., of Louisiana, Francis B. Burch of Maryland, Warren R. Spannaus of Minnesota, A. F. Summer of Mississippi, Robert L. Woodahl of Montana, Paul L. Douglas of Nebraska, Robert List of Nevada, William F. Hyland of New Jersey, Allen I. Olsen of North Dakota, Daniel R. McLeod of South Carolina, William Janklow of South Dakota, John L. Hill of Texas, Andrew P. Miller of Virginia, and Chauncey H. Browning, Jr., of West Virginia.


MR. JUSTICE REHNQUIST delivered the opinion of the Court.

This lawsuit began when the State of Oregon sued Corvallis Sand & Gravel Co., an Oregon corporation, to settle the ownership of certain lands underlying the Willamette River. The Willamette is a navigable river, and this land is located near Corvallis, Oregon. The river is not an interstate boundary.

Corvallis Sand had been digging in the disputed part of the riverbed for 40 to 50 years without...

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