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QUINAULT TRIBE OF INDIANS v. GALLAGHER

No. 19868.

368 F.2d 648 (1966)

The QUINAULT TRIBE OF INDIANS OF the QUINAULT RESERVATION IN the STATE OF WASHINGTON, on its own behalf and on behalf of its members, and James Jackson, Alice Chenois, Phillip Martin, John Shale, W. D. Petit, Bennie Charley, Frank Capoeman and Jessie Curley, on their own behalves and on behalf of the members of the Quinault Tribe, Appellants, v. A. M. GALLAGHER, individually and as Sheriff of Grays Harbor County in the State of Washington, John J. O'Connell, individually and as Attorney General of the State of Washington, Albert D. Rosellini, individually and as Governor of the State of Washington, Appellees.

United States Court of Appeals Ninth Circuit.

On Rehearing November 10, 1966.

Attorney(s) appearing for the Case

Charles A. Hobbs, Wilkinson, Cragun & Barker, Washington, D. C., LeSourd & Patten, Seattle, Wash., Gladys Phillips, Aberdeen, Wash., for appellants.

John J. O'Connell, Atty. Gen. of Wash., Jane Dowdle Smith, Asst. Atty. Gen., Olympia, Wash., L. Edward Brown, Pros. Atty., Montesano, Wash., for Grays Harbor County.

Fred M. Vinson, Jr., Asst. Atty. Gen., Robt. S. Erdahl, Marvin H. Helter, Attys., Dept. of Justice, Washington, D. C., for amicus curiae.

Before BARNES and HAMLEY, Circuit Judges, and MATHES, District Judge.

HAMLEY, Circuit Judge:

The Quinault Tribe of Indians and several individual members of the tribe are plaintiffs in this action for a declaratory judgment and injunctive relief. They seek a declaration that the state of Washington has no authority to enforce its criminal and civil laws against the Quinault Indians on the Quinault Indian Reservation, and an injunction restraining the enforcement of state laws on the reservation. The defendants are the sheriff of Grays...

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