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STATE OF IDAHO v. ANDRUS

Civ. Nos. 1-76-231, 77-2058.

566 F.Supp. 15 (1982)

The STATE OF IDAHO, Plaintiff, and The Membership of the Heyburn State Park Leaseholders Association, Plaintiff/Intervenors, v. The Honorable Cecil D. ANDRUS, et al., Defendants, and The Coeur d'Alene Tribe of Indians, Defendant/Intervenor. The UNITED STATES of America, Plaintiff, v. The STATE OF IDAHO, et al., Defendants.

United States District Court, D. Idaho.

August 10, 1982.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen. of Idaho, Boise, Idaho, for State of Idaho.

David W. Hyde, Martin, Chapman, Martin & Hyde, Boise, Idaho, for Leaseholder defendants.

Guy Hurlbutt, U.S. Atty., D. Idaho, Boise, Idaho, for defendants Andrus, et al.

Robert D. Dellwo, Dellwo, Rudolf & Schroeder, Spokane, Wash., for the Coeur d'Alene Tribe of Indians.

MEMORANDUM DECISION

CALLISTER, Chief Judge.

This matter is before the Court on remand from the Ninth Circuit to determine whether the Coeur d'Alene Indian Tribe (Tribe) has a beneficial interest in the patent of June 29, 1911, by which the United States conveyed to the State of Idaho the land now comprising Heyburn State Park. The Court has already ruled that the State has not violated the terms of the 1911 patent...

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