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001819P.pdf   08/17/2001  Spirit Lake Tribe  v.  State of ND
   U.S. Court of Appeals Case No:  00-1819
   District of North Dakota   
   Civil case - Indian law. Tribe's action to quiet title to Spirit Lake 
   lakebed was time-barred as to the United States by the applicable 
   twelve-year statute of limitations; however, in dealing with the 
   quiet title claim against the United States, the court should have 
   dismissed the United States for lack of jurisdiction rather than 
   granting summary judgment in its favor; under such a dismissal, 
   the question of the ownership of Spirit Lake lakebed is not resolved, 
   as a dismissal for lack of jurisdiction does not quiet title to the 
   United States; district court did not err in dismissing remaining 
   claims against remaining defendants due to the Tribe's inability to 
   join the federal government; dissent by Judge Bright.