STATE OF N. D. EX REL. BD. OF UNIV., ETC. v. ANDRUS

Nos. 81-1441, 81-1486.

671 F.2d 271 (1982)

The STATE OF NORTH DAKOTA, ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellee, v. Cecil ANDRUS, Secretary of the Interior; Bob Bergland, Secretary of Agriculture; Frank Gregg, Director of the United States Bureau of Land Management; and John R. McGuire, Chief of the United States Forest Service, Appellants. The STATE OF NORTH DAKOTA, ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellant, v. Cecil ANDRUS, Secretary of the Interior; Bob Bergland, Secretary of Agriculture; Frank Gregg, Director of the United States Bureau of Land Management; and John R. McGuire, Chief of the United States Forest Service, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1982.

Rehearing and Rehearing Denied March 15, 1982.


Attorney(s) appearing for the Case

State of North Dakota, Robert O. Wefald, Atty. Gen., John W. Morrison, Owen L. Anderson (argued), Asst. Attys. Gen., Bismarck, N. D., for appellee/cross appellant.

James R. Britton, U. S. Atty., Fargo, N. D., Carol E. Dinkins, Asst. Atty. Gen., Lands Div. (argued), and Jacques B. Gelin, Edward J. Shawaker, Attys., Dept. of Justice, Washington, D. C., for appellants/cross appellees.

George Deukmejian, Atty. Gen., State of Cal., N. Gregory Taylor, Asst. Atty. Gen., Bruce S. Flushman, Linus Masouredis, Joseph J. Barbieri, Deputy Attys. Gen., San Francisco, Cal., for amicus curiae State of Cal., ex rel. State Lands Commission.

Before GIBSON, Senior Circuit Judge, BRIGHT, Circuit Judge, and LARSON, Senior District Judge.


Rehearing and Rehearing En Banc Denied March 15, 1982.

LARSON, Senior District Judge.

The Secretary of the Interior, et al., appeal from the judgment of the district court, State of North Dakota, ex rel. Board of University and School Lands v. Andrus, 506 F.Supp. 619 (D.N.D.1981),1 holding that the Little Missouri River in North Dakota was navigable...

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