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OMAHA INDIAN TRIBE v. JACKSON

Nos. 87-2042, 87-2191.

854 F.2d 1089 (1988)

OMAHA INDIAN TRIBE, Treaty of 1854 with the United States of America (10 Stat. 1043), Organized pursuant to the Act of June 18, 1934 (48 Stat. 984; 23 U.S.C. 476) as amended, Appellant, v. Harold JACKSON and Otis Peterson and the District Court of Iowa in and for Monona County, Appellees. OMAHA INDIAN TRIBE, Treaty of 1854 with the United States of America (10 Stat. 1043), Organized pursuant to the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 476) as amended, Appellants, v. AGRICULTURAL INDUSTRIAL INVESTMENT COMPANY; Roy Tibbals Wilson Estate; Charles E. Lakin; Florence Lakin; R.G.P. Incorporated, an Iowa Corporation; Harold Jackson; Otis Peterson; Travelers Insurance Company; Darrell L. Harold; and Luea Sorenson; State of Iowa and State Conservation Commission of the State of Iowa, Appellees. UNITED STATES of America, Appellant, v. John R. WILSON, Charles G. Lakin, Florence Lakin, R.G.P. Incorporated, an Iowa Corporation, Harold Jackson, Otis Peterson, Travelers Insurance Company and the State of Iowa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1988.

Attorney(s) appearing for the Case

William H. Veeder and Laura Frossard, Washington, D.C., for appellant.

John P. Sarcone, Asst. Atty. Gen., Des Moines, Iowa and Donald J. Buresh, Omaha, Neb., for appellees.

Before LAY, Chief Judge, FAGG, Circuit Judge, and DOTY, District Judge.

LAY, Chief Judge.

This appeal involves the question of ownership in approximately 700 acres of land1 formerly within the boundary of the Omaha Indian Reservation. Title to the total acreage is claimed by the Omaha Indian Tribe and is disputed in part by the State of Iowa and in part by individual non-Indian defendants. The overall area involved consists of approximately 2900 acres of land contiguous to the Missouri River on the interstate...

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