United States v. State Of Washington

935 F.2d 1059 UNITED STATES of America, Plaintiff, and Quinault Indian Nation; Nooksack Indian Tribe; Lummi Indian Tribe; Payallup Indian Tribe, et al., Plaintiffs-Intervenors-Appellants, v. STATE OF WASHINGTON, Defendant-Appellee. No. 90-35355. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1991. Decided June 10, 1991. Phillip E. Katzen, Evergreen Legal Services, Seattle, Wash., for plaintiffs-intervenors-appellants. David E. Walsh, Deputy Atty. Gen., Olympia, Wash., for defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before WALLACE, Chief Judge, O'SCANNLAIN, Circuit Judge, and BURNS, * District Judge. WALLACE, Chief Judge: 1 Several Indian tribes appeal from a district court order denying attorney's fees sought pursuant to 42 U.S.C. Sec. 1988 . The district court has continuing jurisdiction over this litigation pursuant to 28 U.S.C. Secs. 1331 , 1345, and 1362. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We reverse and remand. 2 * This litigation, now in its twenty-second year, involves an ongoing dispute between the State of Washington and various Indian…