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U.S. v. BYRNE

No. 00-16008.

291 F.3d 1056 (2002)

UNITED STATES of America, on its own behalf and for the benefit of the Fort Mojave Indian Tribe, Plaintiff-Counter-Defendant-Appellant, v. Emily BYRNE; Norman Wade; Linda Wade; McKellips Land Corporation; William C. Raasig; Jack D. Rose; Southwest Gas Corporation; Jack R. Hawkins; Doris Hawkins, Defendants, and Robert H. Chesney; Howard M. Burdick; Rose Marie Burdick; James Engelmann; Thomas E. Fryer; Barbara J. Fryer; Ralph George; Margaret George; Crystal L. Giannotti; Lucinda Giannotti; Alvin Grudem aka Alvin Gruden; Alora Grudem aka Alora Gruden; Gail Frances Jewell; Charles S. King; Juliene King; Michael M. Sullivan; Mary M. Sullivan; Helmut Treffke; Kathryn Treffke; Lorraine E. Knowlton, Margarite A. Coates; Mojave County Board of Supervisors; Jay Dee Harp; Janalee Harp; Carl Lawyer; Wilma B. Lawyer; Roben Johnson; Katherine Johnson, Defendants-Appellees, Richard Aria; Ruth Aria; Lewis M. Cooper; James L. Henderson; Terry S. Henderson; G. Harrison; Charolette Harrison; Donald Lewis; Margaret M. Lewis; Shirley J. Johnson, named in complaint as Shirley J. Brewer Johnson aka Shirley J. Brewer Johnson; King Pump and Dewatering Corporation; Kenneth R. Lucas; Leory Munson; Sharon O'Connor; Daniel McIntyre; Joyce Mcintyre; Marc Richards; Ginger Richards; Robert Hall; Fidelity National Title Company; Mojave River Enterprises, Defendants-Counter-Claimants-Appellees, Camille Engelman, Defendants-Counter-Claimant-Cross-Claimant-Appellee, v. Maricopa County Treasurer, a body politic, Cross-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2002.

Amended May 29, 2002.

Attorney(s) appearing for the Case

Lois J. Schiffer, Assistant Attorney General; John C. Cruden, Acting Assistant Attorney General; Jeffrey Dobbins, Patrick Barry, Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for the plaintiff-appellant.

James T. Braselton, Phoenix, Arizona; Charles W. Gurtler, Jr., Bullhead City, Arizona, for the defendants-appellees.

Before RONEY, HUG, and THOMAS, Circuit Judges.

ORDER AND AMENDED OPINION

THOMAS, Circuit Judge.

ORDER

The opinion filed January 28, 2002, is amended as follows:

At slip opinion page 1170, the second sentence of the first full paragraph, which begins "While cases decided early ..." is deleted in its entirety and replaced with the following sentence: "These cases make clear that in order to perfect the legal title to swamp and overflowed lands, those lands had to be identified and patented...

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