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STATE OF IDAHO v. HODEL

No. 84-4145.

814 F.2d 1288 (1987)

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

United States Court of Appeals, Ninth Circuit.

Submitted November 1, 1985.

Decided April 9, 1987.

Attorney(s) appearing for the Case

Robie G. Russell and C.A. Daw, Boise, Idaho, for plaintiff-appellee.

John S. Chapman and Christopher W. Clark, Boise, Idaho, for plaintiff/intervenor-appellee.

Robert D. Dellwo and Gary T. Farrell, Spokane, Wash., for defendant/intervenor-appellant.

Before REINHARDT, BEEZER and HALL, Circuit Judges.

PER CURIAM:

The Coeur d'Alene Tribe of Indians contends that the State of Idaho has violated the terms of a 1911 patent by which land formerly part of the Tribe's reservation was conveyed to Idaho for use as a public park. The Tribe appeals two decisions of the district court: a 1979 grant of summary judgment for Idaho, and a 1984 decision holding that even if Idaho breached the patent the Tribe may not exercise a power of termination. We hold that the Tribe

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