United States of America v. State of Washington

645 F.2d 749 UNITED STATES of America et al., Appellees, v. STATE OF WASHINGTON et al., Appellants. No. 77-1397. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1978. Order of Submission Vacated Nov. 29, 1978. Order Resubmitted July 2, 1979. Decided May 18, 1981. Dennis D. Reynolds, argued, James M. Johnson, on the brief, Olympia, Wash., for appellants. Thomas P. Schlosser, Seattle, Wash., argued, Mason D. Morisset, Alan C. Stay and John Clinebell, Seattle, Wash., on the brief, Kathryn A. Oberly, Washington, D. C., Anne S. Almy, Dept. of Justice, Washington, D. C., on brief for U.S. Appeal from the United States District Court for the Western District of Washington. Before CHAMBERS and KENNEDY, Circuit Judges, and JAMESON, * district judge. KENNEDY, Circuit Judge: 1 In the protracted litigation over Indian fishing rights in the Pacific Northwest, 1 the principal decision was announced by Judge Boldt in United States v. Washington, 384 F.Supp. 312 (W.D.Wash.1974), aff'd, 520 F.2d 676 (9th Cir. 1975), cert. denied, 423 U.S. 1086 , 96 S.Ct. 877 , 47 L.Ed.2d 97 (1976). 2 The rule of the case is that the Treaty of Medicine Creek 3 grants various Indian…