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STATE OF OR., ETC. v. RIVERFRONT PROTECTION ASS'N

No. 81-3035.

672 F.2d 792 (1982)

STATE OF OREGON, by and through the DIVISION OF STATE LANDS, Plaintiff-Appellant, v. RIVERFRONT PROTECTION ASSOCIATION, an unincorporated association; Henry Salot, Sarah G. Salot, Carl Wilson, Rose Wilson, John E. Jaqua and Rosemond R. Jaqua, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1982.

As Amended on Denial of Rehearing and Rehearing May 26, 1982.

Attorney(s) appearing for the Case

Peter S. Herman, Senior Asst. Atty. Gen., Salem, Or., argued, for plaintiff-appellant; William F. Gary, Deputy Sol. Gen., Salem, Or., on brief.

Donald J. Morgan, Wood, Tatum, Mosser, Brooke & Holden, Portland, Or., for defendants-appellees.

Before SNEED, ANDERSON, and REINHARDT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 26, 1982.

SNEED, Circuit Judge:

This appeal poses the question whether the McKenzie River between river mile 37 and its confluence with the Willamette River was navigable under federal law on February 14, 1859 when the State of Oregon was admitted to the Union. If it was so navigable title to the riverbed vested at that time in the State of Oregon. The district court held that it was not so navigable...

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