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QUILEUTE INDIAN TRIBE v. BABBITT

No. 92-36833.

18 F.3d 1456 (1994)

QUILEUTE INDIAN TRIBE, Plaintiff-Appellant, v. Bruce BABBITT, in his capacity as Secretary of the Interior; United States Department of Interior, Bureau of Indian Affairs; Interior Board of Indian Appeals; United States of America; Quinault Indian Nation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1994.

Attorney(s) appearing for the Case

Lori Salzarulo, Susan L. Coskey, and Kerry E. Radcliffe, Garvey, Schubert & Barer, Seattle, WA, for appellant.

Richard Reich and Eric J. Nielsen, Taholah, WA, for appellee Quinault Indian Nation.

Jonathan F. Klein, John A. Bryson, and Andrea Nervi Ward, U.S. Dept. of Justice, Washington, DC, for the federal appellees.

Before: REAVLEY, SKOPIL, and LEAVY, Circuit Judges.

SKOPIL, Circuit Judge:

This is an action by the Quileute Indian Tribe against the United States and the Quinault Indian Nation, seeking to overturn the Department of Interior's decision that certain fractional property interests within the Quinault Reservation escheat to the Quinault Indian Nation rather than to the Quileute Indian Tribe. The district court dismissed the action pursuant to Federal Rule Civil Procedure 19(b), concluding that the Quinault Indian Nation...

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