United States v. The State Of Montana

604 F.2d 1162 CA 79-2197 The UNITED STATES of America and the Crow Tribe of Indians, Montana, Appellants, * v. The STATE OF MONTANA, Montana State Fish and Game Commission, Willis B. Jones,Arnold Rieder, Arthur C. Hagenston, Joseph H. Klabunde, W. Leslie Pengelly, andWesley R. Woodgerd, Appellees. Nos. 78-2917, 78-2865. United States Court of Appeals, Ninth Circuit. June 12, 1979. As Modified on Denial of Rehearing Sept. 20, 1979. Steven E. Carroll, Atty., U. S. Dept. of Justice (argued), Washington, D. C., for the U. S. Urban L. Roth, Sp. Asst. Atty. Gen. (argued), Butte, Mont., for State of Mont. Thomas K. Schoppert (argued), Lynaugh, Fitzgerald, Schoppert, Skaggs & Essman, Billings, Mont., for Crow Tribe of Indians. Appeal from the United States District Court for the District of Montana at Billings. Before SNEED and ANDERSON, Circuit Judges, and D. WILLIAMS, ** District Judge. SNEED, Circuit Judge: 1 This is an appeal by the United States and the Crow Indian Tribe (appellants) from a final declaratory judgment entered by the district court (D. Mont.) in an action brought against the State of Montana seeking to determine title to the bed of the Big Horn River within the…