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MAKAH INDIAN TRIBE v. VERITY

No. 88-3976.

910 F.2d 555 (1990)

MAKAH INDIAN TRIBE, Plaintiff-Appellant, v. C. William VERITY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1990.

Attorney(s) appearing for the Case

Alvin J. Ziontz and Marc D. Slonim, Ziontz, Chestnut, Vernell, Berley & Slonim, Seattle, Wash., for plaintiff-appellant.

Narda Pierce, Sr. Asst. Atty. Gen., Olympia, Wash., Howard G. Arnett, Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend, Or., and M. Alice Thurston, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BROWNING, BEEZER and RYMER, Circuit Judges.

BEEZER, Circuit Judge:

The Makah Indian Tribe brought this action to challenge federal regulations allocating the ocean harvest of migrating Columbia River salmon. The district court dismissed the action for failure to join indispensable parties. We affirm in part, reverse in part and remand.

I

The Makah Indian Tribe resides at the northwest corner of the Olympic Peninsula of the State of Washington. Their historic fishing grounds extend forty miles...

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