AMOCO PRODUCTION CO. v. SOUTHERN UTE TRIBE

No. 98-830.

526 U.S. 865 (1999)

AMOCO PRODUCTION CO., on behalf of itself and THE CLASS IT REPRESENTS v. SOUTHERN UTE INDIAN TRIBE et al.

United States Supreme Court.

Decided June 7, 1999.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Stephen B. Kinnaird, Charles L. Kaiser, Gary L. Paulson, Rebecca S. McGee, and David E. Brody.

Thomas J. Davidson, Deputy Attorney General of Wyoming, argued the cause for the State of Montana et al. as amici curiae urging reversal. With him on the brief were Gay Woodhouse, Attorney General of Wyoming, and Drake D. Hill and Cynthia Lamb Harnett, Senior Assistant Attorneys General, joined by Jan Graham, Attorney General of Utah, Heidi Heitkamp, Attorney General of North Dakota, Joseph P. Mazurek, Attorney General of Montana, and Patricia A. Madrid, Attorney General of New Mexico.

Jeffrey P. Minear argued the cause for the federal respondents. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Elizabeth Ann Peterson, and John D. Leshy.

Thomas H. Shipps argued the cause for respondent Southern Ute Indian Tribe. With him on the brief were Frank E. Maynes, Scott B. McElroy, Alice E. Walker, and Michael T. McConnell.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Scalia, Souter, and Thomas, JJ., joined. Ginsburg, J., filed a dissenting opinion, p. 880. Breyer, J., took no part in the consideration or decision of the case.


Justice Kennedy, delivered the opinion of the Court.

Land patents issued pursuant to the Coal Lands Acts of 1909 and 1910 conveyed to the patentee the land and everything in it, except the "coal," which was reserved to the United States. Coal Lands Act of 1909 (1909 Act), 35 Stat. 844, 30 U. S. C. § 81; Coal Lands Act of 1910 (1910 Act), ch. 318, 36 Stat. 583, 30 U. S. C. §§ 83-85. The United States Court of...

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