STATE OF UTAH v. UNITED STATES

No. 83-1731.

780 F.2d 1515 (1985)

The STATE OF UTAH, By and Through its DIVISION OF STATE LANDS, Plaintiff-Appellant, v. UNITED STATES of America; William P. Clark, Secretary of the Department of the Interior; Robert F. Burford, Director of the Bureau of Land Management within the Department of the Interior; and Roland G. Robison, Jr., Utah State Director of the Bureau of Land Management; Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 26, 1985.


Attorney(s) appearing for the Case

Dallin W. Jensen, Sol. Gen. of the State of Utah (David L. Wilkinson, Atty. Gen. of the State of Utah, Michael M. Quealy and R. Douglas Credille, Asst. Attys. Gen., Salt Lake City, Utah, were also on the brief), for plaintiff-appellant.

Lois J. Schiffer, Atty., Dept. of Justice (F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., Brent D. Ward, U.S. Atty., Salt Lake City, Utah, Dirk D. Snel, Steven A. Herman, and Lawrence W. Puckett, Attys., Dept. of Justice, Washington, D.C., were also on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, and DOYLE and LOGAN, Circuit Judges.


HOLLOWAY, Chief Judge.

The State of Utah timely appeals from a summary judgment quieting title in the United States to the bed of Utah Lake, located in Utah County, Utah. Judgment was entered on the theory that the United States withdrew the lakebed as part of an 1889 reservoir site selection, and that title did not pass to the State of Utah under the equal footing doctrine when Utah became a State in 1896, and that title to the lakebed did not pass to the State under...

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