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UNITED STATES v. WILSON

Nos. 81-2350, 81-2351 and 81-2384.

707 F.2d 304 (1982)

UNITED STATES of America, Appellee, v. Roy Tibbals WILSON, et al., State of Iowa, Appellant. OMAHA INDIAN TRIBE, etc., Appellee, v. Harold JACKSON, et al., State of Iowa and Iowa State Conservation Commission, Appellants. OMAHA INDIAN TRIBE, Appellee, v. AGRICULTURAL & INDUSTRIAL INVESTMENT CO., et al., State of Iowa and Iowa State Conservation Commission, Appellants. UNITED STATES of America, Appellee, v. Roy Tibbals WILSON, et al., Appellants. OMAHA INDIAN TRIBE, etc., Appellee, v. Harold JACKSON, et al., Appellants. OMAHA INDIAN TRIBE, Appellee, v. AGRICULTURAL & INDUSTRIAL INVESTMENT COMPANY, et al. UNITED STATES of America, Appellee, v. Roy Tibbals WILSON, et al., RGP, Inc. and Otis Peterson, Appellants. OMAHA INDIAN TRIBE, etc., Appellee, v. Harold JACKSON, et al., Otis Peterson, Appellants. OMAHA INDIAN TRIBE, Appellee, v. AGRICULTURAL & INDUSTRIAL INVESTMENT CO., et al., RGP, Inc. and Otis Peterson, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 26, 1982.

Rehearing and Rehearing Denied December 1, 1982.

Opinion on Denial of Rehearing June 10, 1983.

Rehearing and Rehearing Denied August 11, 1983.

Attorney(s) appearing for the Case

Carol E. Dinkins, Asst. Atty. Gen., James J. Clear, Martin Green, Attys. Dept. of Justice, Washington, D. C., for appellee.

Thomas J. Miller, Atty. Gen. of Iowa, Elizabeth M. Osenbaugh, John P. Sarcone, Asst. Attys. Gen., Des Moines, Iowa, for appellants State of Iowa and Iowa State Conservation Com'n.

William H. Veeder, Washington, D. C., for Omaha Indian Tribe.

Robert J. Becker, Donald J. Buresh, Edson Smith, Swarr, May, Smith, Andersen & Jensen, Omaha, for Roy Tibbals Wilson, Charles Lakin, Florence Lakin and Harold Jackson.

Peter J. Peters, of Peter J. Peters, P. C., Council Bluffs, Iowa, for RGP, Inc. and Otis Peterson.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 1, 1982.

Rehearing and Rehearing En Banc Denied August 11, 1983.

LAY, Chief Judge.

The present controversy grows out of the overall litigation affecting ownership of 2900 acres of land contiguous to the Missouri River formerly occupied by the Omaha Indian Tribe (Tribe) as part of the Omaha Indian Reservation. The land is within an area called the Barrett Survey; it was reserved by the Tribe according...

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