United States v. Mary Dann Carrie Dann, United States of America v. Mary Dann Carrie Dann

CANBY, Circuit Judge:

This case is before us once again, this time in the aftermath of a remand from the Supreme Court in United States v. Dann, 470 U.S. 39, 105 S.Ct. 1058, 84 L.Ed.2d 28 (1985). Because the parties strongly disagree over which issues remain open for our decision, we must describe, as briefly as we can, what has gone before. It is not a short story.

History of the Litigation

This litigation began in 1974, when the United States filed a complaint against Mary and Carrie Dann alleging that they had trespassed on public lands by grazing their cattle there without a permit from the…