Harold Blake and Margaret Carlson, and Cross-Defendants v. G. Ray Arnett, Simpson Timber Company, a Corporation, Cross-Plaintiff And

Before us are two appeals. No. 79 — 1484 is from an order of Judge Burke certifying a class of cross-defendants, appealable under 28 U.S.C. § 1292 (b). No. 80-1276 is from a summary judgment of Judge Schnacke in favor of Simpson Timber Company and against plaintiffs Blake and Carlson, made appealable under Rule 54(b), F.R. Civ.P.

I.

We first consider appeal No. 80 — 4276. We affirm.

A. Facts.

Appellants Blake and Carlson are Yurok Indians. The case concerns their claimed rights to enter and cross lands of Simpson Timber Company to exercise Yurok hunting arid fishing rights. The lands involved are part of the old Klamath River Indian Reservation in California, a strip of territory commencing at the Pacific Ocean and extending one mile in width on each side of the Klamath river for a distance of approximately 20 miles up river. We refer to this strip as “the Reservation.” It is the lower part of a similar strip, over 40 miles long, running from the Ocean to the original Hoopa Valley Indian Reservation at the confluence of the Klamath and Trinity rivers, and now known as the Hoopa Valley Reservation Extension. The history of the Reservation is described in Mattz v. Arnett, 1973,…