GOVERNMENT OF GUAM v. U.S.

No. 97-17140.

179 F.3d 630 (1999)

The GOVERNMENT OF GUAM, ex rel. the GUAM ECONOMIC DEVELOPMENT AUTHORITY, Plaintiff-Appellant, v. The UNITED STATES of America, the Department of Defense, the Department of the NAVY, THE Department of the Air Force, the Department of the Interior, the United States Fish and Wildlife Service, and the General Services Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 1999.

As Amended on Denial of Rehearing August 12, 1999.


Attorney(s) appearing for the Case

John Briscoe and Michael K. Pignato, Washburn, Briscoe & McCarthy, San Francisco, California, for the plaintiff-appellant.

Margo D. Miller, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: FARRIS, NOONAN, and GRABER, Circuit Judges.


GRABER, Circuit Judge:

The government of Guam brought this action against the United States, alleging that it is entitled to own or control about 24,000 acres of land pursuant to the Organic Act of Guam, the Territorial Submerged Lands Act, and the doctrine of aboriginal title. The district court disagreed and granted summary judgment to the United States. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are not in dispute. In 1898, Spain ceded...

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