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KIMBALL v. CALLAHAN

No. 77-2628.

590 F.2d 768 (1979)

Charles F. KIMBALL, Stephen L. Lang, Allan Lang, Leonard O. Norris, Jr., James Kirk, and the Klamath Indian Game Commission, an agency of the Klamath Indian Tribe, Plaintiffs-Appellees, v. John D. CALLAHAN, Allan L. Kelly, Pat J. Metke, Frank A. Morre, and James W. Whittaker, Each Individually, and as a member of the State Game Commission of the State of Oregon, John McKean, Individually, and as director of the Oregon Game Commission; and Holly Holcomb, Individually, and as director of the Oregon State Patrol and Oregon Game Enforcement Division, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

January 26, 1979.

Attorney(s) appearing for the Case

James H. Clarke (argued), of Dezendorf, Spears, Lubersky & Cambell, Portland, Or., for defendants-appellants.

Daniel H. Israel (argued), Boulder, Colo., for plaintiffs-appellees.

Before GOODWIN and ANDERSON, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Appellants, the members and directors of the Oregon State Game Commission and the director of the Oregon State Patrol and Oregon Game Enforcement Division, have appealed from a judgment declaring that appellees, five Klamath Indians and the Klamath Indian Game Commission, and the members of the Klamath Indian Tribe are "entitled to the rights, privileges and immunities afforded under the Treaty of...

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