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STATE OF N.D. v. U.S.

No. 91-2725.

972 F.2d 235 (1992)

STATE OF NORTH DAKOTA, ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 10, 1992.

Attorney(s) appearing for the Case

Charles Carvell, Bismarck, N.D., for appellant.

John T. Stahr, Washington, D.C., for appellee.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.

McMILLIAN, Circuit Judge.

The State of North Dakota (North Dakota or State) appeals from a final order entered in the United States District Court1 for the District of North Dakota holding that the United States has title to the riverbeds of the Little Missouri River (Little Missouri or River), because the State failed to prove by a preponderance of the evidence that the River was navigable when North Dakota became a state in 1889, as...

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