Blanche W. Peterson v. James G. Watt, Secretary of the Interior, Etc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SCHROEDER, Circuit Judge:
The dispositive question in this appeal is whether this court should vacate a portion of the district court’s decision because it purported to decide a claim never actually asserted or litigated between co-defendants. 1
In 1958 Blanche and Flay Peterson purchased land on the east bank of the Colorado River in Arizona. The Colorado River subsequently moved eastward. Believing that they were entitled to the land that eventually emerged on the west bank in Nevada, the Petersons filed a complaint in 1972 seeking to quiet title to that land. The United States, as riparian…
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