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SWIM v. BERGLAND

Nos. 81-3479, 81-3526, 81-3530.

696 F.2d 712 (1983)

Sherman SWIM; Michaud Creek Ranches, Inc., an Idaho corporation; Roland G. Allen; Arimo Corporation, an Idaho corporation; Norman Davis; William T. Evans; Calvin A. Munn; Donald E. Pickett; Demar H. Gilbert; F. Barlow Gilbert; James M. Maybey; Don C. Rigby Family Partnership; Carol E. Wilmore; Russell A. Hebdon; Sara Hebdon; King Creek Grazing Association; Jay Shipley and John C. White, Plaintiffs, Appellants, Cross-Appellees, v. Robert BERGLAND, Secretary of Agriculture; John R. McGuire, Chief Forester; Vern Hamre, Regional Forester; and Charles J. Hendricks, Forest Supervisor, Caribou National Forest, Defendants, Appellees, Cross-Appellants, and Shoshone-Bannock Tribes, Intervenors, Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1983.

As Amended on Denial of Rehearing June 2, 1983.

Attorney(s) appearing for the Case

R.M. Whittier, Pocatello, Idaho, for Swim.

Dirk Snel, Asst. U.S. Atty., Boise, Idaho, for Bergland.

John D. Russ, III, Fort Hall, Idaho, for intervenor, appellee, cross-appellant Shoshone.

Before WALLACE, FARRIS, and POOLE, Circuit Judges.

FARRIS, Circuit Judge:

These appeals involve the respective rights of certain non-Indian permittees and the Shoshone-Bannock Tribes to graze cattle on federal lands within the Caribou National Forest in Idaho. At issue is the construction of two nineteenth-century legal covenants, the Fort Bridger Treaty of July 3, 1868 between the United States and the Eastern Band of Shoshone and Bannock Tribes, ratified on February 24, 1869, 15 Stat. 209 [p. 673], and the...

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