Confederated Bands And Tribes Of The Yakima Indian Nation v. State Of Washington

552 F.2d 1332 CONFEDERATED BANDS AND TRIBES OF the YAKIMA INDIAN NATION, Appellant, v. STATE OF WASHINGTON, County of Yakima, Daniel J. Evans as Governor of the State of Washington and Individually, Slade Gorton, as Attorney General of the State of Washington and Individually, Les Conrad, Cliff Onsgard and Lenore Lambert as County Commissioners and Individually, Appellees. No. 74-1225. United States Court of Appeals, Ninth Circuit. April 29, 1977. James B. Hovis, argued, Hovis, Cockrill & Roy, Yakima, Wash., for appellant. Slade Gorton, Atty. Gen., Malachy R. Murphy, Deputy Atty. Gen., argued, Olympia, Wash., Jeffery C. Sullivan, Pros. Atty., Robert N. Hacket, Jr., argued, Yakima, Wash., for appellees. Appeal from the United States District Court for the Eastern District of Washington. Before HUFSTEDLER, MOORE, * and WRIGHT, Circuit Judges. OPINION ON REMAND FROM THE COURT EN BANC HUFSTEDLER, Circuit Judge: 1 The Confederated Bands and Tribes of the Yakima Indian Nation ("Yakimas"), invoking federal jurisdiction under 28 U.S.C. § 1362 , brought this suit challenging the statutory and constitutional validity of the State of Washington's assumption of criminal and civil…