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DEVILS LAKE SIOUX TRIBE v. STATE OF N.D.

No. 89-5332.

917 F.2d 1049 (1990)

DEVILS LAKE SIOUX TRIBE, Appellant, v. STATE OF NORTH DAKOTA; The Garrison Diversion Conservancy District; the United States of America; 101 Ranch, a North Dakota Partnership; Steve Ward; Imogene Christensen; Claire Engelhardt; Carlyle Brye; Arnold and Vernyll Yri; Ernest and Ruby Martinson; Miles Maddock and Dorothea Maddock; Olaf Solheim and Mabel Solheim; Leo Johnston and Minnie Johnston; Francis P. Schneider and Gloria Schneider, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 23, 1990.

Attorney(s) appearing for the Case

Robert Pirtle, Seattle, Wash., for appellant.

George W. Van Cleve, Washington, D.C., for appellees.

Before FAGG, Circuit Judge, and BRIGHT and HENLEY, Senior Circuit Judges.

BRIGHT, Senior Circuit Judge.

The Devils Lake Sioux Tribe (the Tribe) appeals a district court order granting the United States' motion for summary judgment and dismissing its complaint against the United States, North Dakota, the Garrison Conservancy District and several littoral land owners in this quiet title action under 28 U.S.C. § 2409a (1988). In this action, the Tribe sought (1) a declaration that the United States holds title to the bed of Devils Lake...

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