STATE OF N.D. EX REL. BD. OF UNIVERSITY AND SCHOOL LANDS v. BLOCK

No. 84-2664.

789 F.2d 1308 (1986)

The STATE OF NORTH DAKOTA, ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellee, v. John R. BLOCK, Secretary of Agriculture; James G. Watt, Secretary of the Interior; Robert F. Burford, Director of the United States Bureau of Land Management; and R. Max Peterson, Chief of the United States Forest Service, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1986.


Attorney(s) appearing for the Case

Marcy A. Toney, Washington, D.C., for appellants.

Nicholas J. Spaeth, Bismarck, N.D., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


WOLLMAN, Circuit Judge.

This case comes before us a second time on appeal. We reverse and remand with directions to dismiss the complaint.

FACTS

On October 31, 1978, the State of North Dakota brought this action seeking to enjoin the United States from issuing mineral leases on lands constituting the riverbed of the Little Missouri River or otherwise exercising ownership over the riverbed. On March 11, 1980, the state amended its complaint to include...

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