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STATE OF IDAHO v. ANDRUS

No. 80-3013.

720 F.2d 1461 (1983)

STATE OF IDAHO, Plaintiff-Appellee, and Membership of Heyburn State Park Leaseholders Association, Plaintiff/Intervenor Appellee, v. The Honorable Cecil D. ANDRUS, Secretary of the Department of the Interior of the United States of America, Defendant/Appellant, and The Coeur d'Alene Tribe of Indians, Defendant/Intervenor Appellant.

United States Court of Appeals, Ninth Circuit.

Remanded August 5, 1981.

Decided December 1, 1983.

Attorney(s) appearing for the Case

Robie G. Russell, Deputy Atty. Gen., David W. Hyde, Martin, Chapman, Martin & Hyde, Boise, Idaho, for plaintiff/appellee.

Robert D. Dellwo, Dellwo, Rudolf, & Schroeder, P.S., Spokane, Wash., for defendant/appellant.

Before: KILKENNY and SNEED, Circuit Judges, and QUACKENBUSH, District Judge.

Resubmitted on Filing of Supplemental Briefs.

KILKENNY, Circuit Judge:

FACTS

On April 30, 1908, Congress authorized the State of Idaho to purchase from the United States land withdrawn from the Coeur d'Alene Indian Reservation, Act of 1908, ch. 153, 35 Stat. 70, 78. In 1911, the land was conveyed to the state by patent, which contained language requiring that the property be used solely for park purposes. The United States was given a reversionary...

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