the government actually retracted its claim, because it realized it couldn't claim trust property. so then it comes down to two people. is it morris' fossil or black hills institute's fossil. it was so clear they had purchased it. he had accepted the check. he had been on videotape, talking about it. it was very clear that he thought he had sold the fossil at the time. ♪ >> judge batty held that the bones had become mineralized. therefore, the fossil was land. an individual indian cannot sell land that the government holds