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SAMPSON v. BRENNAN

No. 74.

39 F.Supp. 74 (1939)

SAMPSON et al. v. BRENNAN et al.

District Court, W. D. Washington.

August 3, 1939.

Attorney(s) appearing for the Case

Owen P. Hughes, of Tacoma, Wash., for plaintiffs.

G. W. Hamilton, Atty. Gen., and T. H. Little, Asst. Atty. Gen., for defendants.

BOWEN, District Judge.

This is an action against state officers for relief from their alleged unlawful acts under state laws asserted to be invalid because in conflict with plaintiffs' Indian fishing rights under an Indian treaty with the United States. The action is not one in its essential nature and effect against the state to enforce a state liability, and so is not repugnant to the Eleventh Amendment. Pennoyer v. McConnaughy, 140 U.S. 1

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