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TEE-HIT-TON TRIBE OF TLINGIT INDIANS v. OLSON

No. 11006.

160 F.2d 525 (1947)

TEE-HIT-TON TRIBE OF TLINGIT INDIANS OF ALASKA v. OLSON, Alaska Fishery Management Supervisor of the Fish & Wildlife Service of U. S. Department of the Interior, et al.

Circuit Court of Appeals, Ninth Circuit.

March 28, 1947.

Attorney(s) appearing for the Case

William L. Paul, Jr., of Juneau, Alaska, and Frederick Paul, of Seattle, Wash., for appellant.

David L. Bazelon, Asst. Atty. Gen., and John C. Harrington, Atty., Dept. of Justice, of Washington, D. C., for appellee.

Kerr, McCord & Carey, Evan S. McCord, and Stephen V. Carey, all of Seattle, Wash., and H. L. Faulkner, of Juneau, Alaska, for amicus curiæ.

Before GARRECHT, DENMAN, MATHEWS, STEPHENS, HEALY, BONE, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

The Tee-Hit-Ton Tribe of Alaska Indians, hereinafter called the Tribe, appeals from a judgment sustaining a demurrer to and dismissing its complaint for an injunction against the defendants, federal office-holders and employees of the Fish and Wildlife Service of the United States Department of the Interior, hereinafter called the Service, for the destruction of its claimed exclusive right to take fish for commercial purposes in the waters of...

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