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STATE OF N.D. EX REL. BD. OF U. & S. LANDS v. U.S.

No. A1-88-122.

770 F.Supp. 506 (1991)

STATE OF NORTH DAKOTA, ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. North Dakota, Southwestern Division.

June 28, 1991.

Attorney(s) appearing for the Case

Charles M. Carvell, Bismarck, N.D., for plaintiff.

Cameron W. Hayden, Asst. U.S. Atty., Bismarck, N.D., K. Jack Haugrud, Michael W. Reed, U.S. Dept. of Justice, General Litigation Section, Washington, D.C., for defendant.

MEMORANDUM OPINION

BENSON, Senior District Judge.

This case was brought on for trial before the court to resolve one issue: whether the Little Missouri River was navigable when North Dakota was admitted to the union and thus became a state in 1889.

Under the Equal Footing Doctrine, title to the beds of those rivers which were navigable at the time of statehood passes to the state upon its admission to the union. Title to the beds of rivers that were...

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