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CREE v. FLORES

No. 97-35305.

157 F.3d 762 (1998)

Ronald CREE, Jr.; Dalton Cree; Jack Haggerty; Douglas Beebe; Joseph Yallup; Carl Boyle; Richard "Kip" Ramsey, dba Tiin-Ma Logging Co.; Tiin-Ma Logging Company; Wheeler Logging, Plaintiffs-Appellees, and Yakama Indian Nation, Plaintiff-Intervenor-Appellee, v. Juan FLORES; Mike Worlund; Keith Qunell, Defendants-Appellants. WHEELER LOGGING, Plaintiff-Appellee, and Yakama Indian Nation; Delbert Wheeler, Plaintiffs-Intervenors-Appellees, v. Annette SANDBERG; Mike Worlund, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 8, 1998.

Attorney(s) appearing for the Case

Fronda Woods, Assistant Attorney General, Olympia, Washington, for defendants-appellants.

Tim Weaver, Cockrill & Weaver, Yakima, Washington, for plaintiffs-appellees Ronald Cree, Jr., et al. and plaintiff-intervenor-appellee Yakama Indian Nation.

Jack W. Fiander, White Swan, Washington, for plaintiff-appellee Wheeler Logging and plaintiff-intervenor-appellee Delbert Wheeler.

Stephanie L. Striffler, Special Counsel to Attorney General, Salem, Oregon, for amicus curiae State of Oregon.

Before: CANBY and TASHIMA, Circuit Judges, and TAKASUGI, District Judge.

TASHIMA, Circuit Judge:

Defendants, various Washington State officials ("Defendants"), appeal the district court's grant of summary judgment in favor of the Yakama Indian Nation and individual Yakama Indians holding that the Treaty with the Yakamas ("Yakama Treaty" or "Treaty") exempts them from various Washington truck license and overweight permit fees. The Treaty clause in issue assures the Yakamas "the right, in common with citizens of the United States, to travel...

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