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STATE OF NEV. v. UNITED STATES

No. 82-4621.

731 F.2d 633 (1984)

STATE OF NEVADA, Plaintiff-Appellant, v. UNITED STATES of America, James Watt, Secretary of the Interior, Lynn Greenwalt, Director, Fish and Wildlife Service, and Kayler Martinson, Regional Director, Fish and Wildlife Services, Defendant-Appellees, and Defenders of Wildlife, Inc., Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1984.

Attorney(s) appearing for the Case

Harry W. Swainston, Deputy Atty. Gen., Carson City, Nev., for plaintiff-appellant.

Paul A. Zevnik, Paul, Hasting, Jaonfsky & Walker, Washington, D.C., for Defenders of Wildlife, Inc.

Ellen J. Durkee, Atty., Dept. of Justice, Washington, D.C., for U.S.

Before MERRILL, FARRIS, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Nevada appeals the district court's decision granting summary judgment, 547 F.Supp. 776 (D.Nev.1982). In granting summary judgment, the district court held that Nevada's quiet title action against the United States over the bed of Ruby Lake was time-barred by the Quiet Title Act's twelve-year statute of limitations on federal waiver of sovereign immunity. 28 U.S.C. § 2409a(f) (1976). In addition...

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