95 Cal. Daily Op. Serv. 6595, 95 Daily Journal D.A.R. 11,299 Margaret Greene, in Her Capacity as Chairman of the Samish Indian Tribe of Washington Samish Indian Tribe, of Washington v. Bruce E. Babbitt, in His Capacity as Secretary of the Interior

64 F.3d 1266 95 Cal. Daily Op. Serv. 6595 , 95 Daily Journal D.A.R. 11,299 Margaret GREENE, in her capacity as Chairman of the Samish Indian Tribe of Washington; Samish Indian Tribe, of Washington, Plaintiffs-Appellees, v. Bruce E. BABBITT, * in his capacity as Secretary of the Interior, Defendant-Appellant. No. 92-37010. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1994. Decided Aug. 22, 1995. David C. Shilton, U.S. Dept. of Justice, Washington, DC, for defendant-appellant. Russel L. Barsh, Anacortes, WA, for plaintiffs-appellees. James H. Jones, Bell & Ingram, Everett, WA, amicus curiae for appellant Tulalip Tribes of Washington. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, SCHROEDER, and BRUNETTI, Circuit Judges. Opinion by Judge SCHROEDER; Dissent by Judge WRIGHT. SCHROEDER, Circuit Judge: 1 The Secretary of the Interior appeals the district court's decision that the plaintiff group of Samish Indians, and their Chairman, Margaret Greene, receive a formal adjudication under the Administrative Procedure Act, 5 U.S.C. Sec. 554 , to determine whether or not the Samish are entitled to be…