SKOKOMISH INDIAN TRIBE v. FRANCE

No. 17933.

320 F.2d 205 (1963)

SHOKOMISH INDIAN TRIBE, Appellant, v. E. L. FRANCE, Trustee, et al., Appellees.

United States Court of Appeals Ninth Circuit.

July 27, 1963.


Attorney(s) appearing for the Case

Little, Palmer, Scott & Slemmons, Keith M. Callow, Frederick Paul, and Malcolm S. McLeod, Seattle, Wash., for appellant.

Skeel, McKelvy, Henke, Evenson & Uhlmann, and William E. Evenson, Seattle, Wash., for appellees, Carlson, Strine, Greeley, Macke, John W. Phillips and Jean S. Phillips.

Gordon, Goodwin, Sager & Thomas, Tacoma, Wash., for appellees, Frances Nalley & Puget Sound National Bank Executor of estate of Marcus Nalley, deceased.

Marshall McCormick, Robert R. Hamilton and Paul J. Nolan, Tacoma, Wash., for appellee City of Tacoma.

Ryan, Askren, Carlson, Bush & Swanson, and Raymond C. Swanson, Seattle, Wash., for appellees Simpson Logging Co.

Before JERTBERG and BROWNING, Circuit Judges and JAMESON, District Judge.


JAMESON, District Judge.

Appellant, an Indian tribe incorporated under an Act of Congress,1 brought this action to establish a claim of title to a strip of tidelands adjoining its reservation on the Hood Canal and the Skokomish River in western Washington. Appellant's claim is based upon a treaty between the United States and certain Indian tribes dated January 26, 1855, proclaimed April 29, 1859 (12 Stat. 933), and an executive order...

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