The Cherokee Nation or Tribe of Indians in Oklahoma, the Choctaw Nation and the Chickasaw Nation v. State of Oklahoma

BREITENSTEIN, Circuit Judge.

This controversy concerns the ownership of the bed of the Arkansas River between its confluence with the Grand River 1 and the Oklahoma-Arkansas boundary. The Cherokees, Choctaws, and Chickasaws claim under- deeds for vast areas executed by the United States. Oklahoma says that under the equal footing-implied trust doctrine it received title to the beds of navigable streams upon its admission to the Union. The trial court’s decision in favor of Oklahoma was made, without an evidentiary hearing, on the pleadings and matters of which it could take judicial notice. No…