State of Idaho v. Andrus

720 F.2d 1461 STATE OF IDAHO, Plaintiff-Appellee, and Membership of Heyburn State Park Leaseholders Association, Plaintiff/Intervenor Appellee, v. The Honorable Cecil D. ANDRUS, Secretary of the Department of the Interior of the United States of America, Defendant/Appellant, and The Coeur d'Alene Tribe of Indians, Defendant/Intervenor Appellant. No. 80-3013. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 6, 1981. Remanded Aug. 5, 1981. Resubmitted on Filing of Supplemental Briefs. Decided Dec. 1, 1983. Robie G. Russell, Deputy Atty. Gen., David W. Hyde, Martin, Chapman, Martin & Hyde, Boise, Idaho, for plaintiff/appellee. Robert D. Dellwo, Dellwo, Rudolf, & Schroeder, P.S., Spokane, Wash., for defendant/appellant. Appeal from the United States District Court District of Idaho. Before: KILKENNY and SNEED, Circuit Judges, and QUACKENBUSH, District Judge. * KILKENNY, Circuit Judge: FACTS 1 On April 30, 1908, Congress authorized the State of Idaho to purchase from the United States land withdrawn from the Coeur d'Alene Indian Reservation, Act of 1908, ch. 153, 35 Stat. 70 , 78. In 1911, the land was conveyed to the state by patent, which contained…