Hugo Black,
Durfee v. Duke — Concurrence
“ Petitioners and respondents dispute the ownership of a tract of land adjacent to the Missouri River, which is the boundary between Nebraska and Missouri. Resolution of this question turns on Whether the land is in Nebraska or Missouri. Neither State, of course, has power to make a determination binding on the other as to which State the land is in. U.S.Const. Art. III, § 2; 28 U.S.C. § 1251 (a) . However, in a private action brought by these Nebraska petitioners, the Nebraska Supreme Court has held that the disputed tract is in Nebraska. ”
