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WOLFF v. U.S.

No. 91-2252.

967 F.2d 222 (1992)

Barbara W. WOLFF and Janice Wheeler Tinker, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1992.

Attorney(s) appearing for the Case

David W. McKeague, Webb A. Smith (argued), Frank A. Fleischmann (briefed), Foster, Swift, Collins & Coey, Lansing, Mich., for plaintiffs-appellees.

Jacques B. Gelin (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., W. Francesca Ferguson, Asst. U.S. Atty., Grand Rapids, Mich., for defendant-appellant.

Before: NELSON and SILER, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

This is an action against the United States to quiet title to a small island in a lake in Northern Michigan. The plaintiffs' claim derives from an 1871 patent in which the United States conveyed parcels of land adjacent to the lake. The question presented is whether the island was included in the riparian rights that the United States gave up when it patented the littoral land; the plaintiffs contend that the island was included, and...

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