United States of America v. State of Washington

694 F.2d 188 UNITED STATES of America, et al., Appellees, v. STATE OF WASHINGTON, et al., Appellants. No. 81-3502. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1982. Decided Dec. 7, 1982. James M. Johnson, Sr., Asst. Atty. Gen., Olympia, Wash., for appellants. Thomas Pacheco, Dept. of Justice, Washington, D.C., Carl V. Ullman, Taholah, Wash., for appellees. Appeal from the United States District Court, Western District of Washington. Before WRIGHT, KILKENNY and CANBY, Circuit Judges. KILKENNY, Circuit Judge. 1 This action came before the district court pursuant to its continuing jurisdiction over certain disputes involving Western Washington Indian Tribes and the State of Washington. See, United States v. Washington, 384 F.Supp. 312 , 419 (W.D.Wash.1974), aff'd 520 F.2d 676 (CA9 1975), cert. denied, 423 U.S. 1086 , 96 S.Ct. 877 , 47 L.Ed.2d 97 (1976). This particular controversy arose on January 8, 1981, when the State of Washington asked the district court to issue either a temporary restraining order or preliminary injunction to prevent the Quinault Indian Nation from taking any further steelhead trout from the 1980-81 Quinault River Steelhead Run.…