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FIDELITY EXPLORATION AND PRODUCTION CO. v. U.S.

No. 06-35307.

506 F.3d 1182 (2007)

FIDELITY EXPLORATION AND PRODUCTION COMPANY, Plaintiff-Appellant, v. UNITED STATES of America; United States Department of the Interior; Gale Norton, in her official capacity as United States Secretary of the Interior; Bureau of Indians Affairs, U.S. Department of Interior; David Anderson, in his official capacity as Assistant Secretary, Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2007.

Attorney(s) appearing for the Case

Jon Metropoulos and Dana L. Hupp, Helena, MT, for plaintiff-appellant Fidelity Exploration & Production Co.

Sue Ellen Wooldridge, Assistant Attorney General, and Patricia Miller, Todd Aagaard, Amber Blaha, and James O. Payne, Jr., Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, for defendant-appellee the United States.

Before: B. FLETCHER, ARLEN C. BEAM, and PAMELA ANN RYMER, Circuit Judges.

RYMER, Circuit Judge:

Fidelity Exploration & Production Co. seeks to quiet title to a portion of the bed of the Tongue River on which it holds oil and gas leases issued by the State of Montana, but to which the United States lays claim as trustee for the Northern Cheyenne Indian Tribe. The district court dismissed the action, brought under the Quiet Title Act (QTA), 28 U.S.C. § 2409a, for lack of jurisdiction because the United States has a colorable claim...

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