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U.S. v. IDAHO

Nos. 98-35831, 98-35847.

210 F.3d 1067 (2000)

UNITED STATES of America, In re suit to quiet title to that portion of the bed and banks of Coeur d'Alene Lake and the St. Joe River lying within the exterior boundaries of the 1873 Coeur d'Alene Reservation, Plaintiff-counter-defendant, Appellee, v. State of IDAHO, Defendant-counter-claimant, Appellant-Cross-Appellee, v. Coeur d'Alene Tribe of Idaho, Plaintiff-intervenor, Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2000

Attorney(s) appearing for the Case

Steven W. Strack, Deputy Attorney General, Natural Resources Division, Boise, Idaho, for defendant-counter-claimant, appellant-cross-appellee State of Idaho.

Hank Meshorer, United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for plaintiff-counter-defendant, appellee United States of America.

Raymond C. Givens, Brian J. Cleary, Givens, Funke & Work, Coeur d'Alene, Idaho, for plaintiff-intervenor, appellee-cross-appellant Coeur d'Alene Tribe of Idaho.

Before: REAVLEY, REINHARDT, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

At issue in this case is the ownership of submerged lands lying within the present-day boundaries of the Coeur d'Alene Indian Reservation, which was originally set aside by executive order in 1873. After a nine-day trial involving multiple expert and lay witnesses, extensive written reports, scientific studies, and historical documents, the district court issued a lengthy and meticulous decision in which it concluded that the United States...

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