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PHILLIPS PETROLEUM CO. v. MISSISSIPPI

No. 86-870.

484 U.S. 469 (1988)

108 S.Ct. 791

98 L.Ed.2d 877

PHILLIPS PETROLEUM CO. ET AL. v. MISSISSIPPI ET AL.

Supreme Court of United States.

Decided February 23, 1988

Attorney(s) appearing for the Case

Eugene Gressman argued the cause for petitioners. With him on the briefs were Joel Blass, William G. Paul, John L. Williford, and Elizabeth A. Harris.

Kathy D. Sones, Special Assistant Attorney General of Mississippi, argued the cause for respondents. With her on the brief were Edwin Lloyd Pittman, Attorney General, Robert Franklin Spencer, Assistant Attorney General, and Jean R. Swift. Charles Ed Harper and Boyce Holleman filed a brief for respondent Saga Petroleum U. S. Inc.*

JUSTICE WHITE delivered the opinion of the Court.

The issue here is whether the State of Mississippi, when it entered the Union in 1817, took title to lands lying under waters that were influenced by the tide running in the Gulf of Mexico, but were not navigable in fact.

I

As the Mississippi Supreme Court eloquently put it: "Though great public interests and neither insignificant nor illegitimate private...

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