Civ. Nos. 68409, 68513.

302 F.Supp. 899 (1969)

Richard SOHAPPY et al., Plaintiffs, v. McKee A. SMITH, Edward G. Huffschmidt, J. I. Eoff, Commissioners, Oregon Fish Commission; Robert W. Schoning, Director, Oregon Fish Commission, their agents, servants, employees and those persons in active concert or participation with them; John W. McKean, Director, Oregon Game Commission, his agents, servants, employees and those persons in active concert or participation with him, Defendants. UNITED STATES of America, Plaintiff, v. STATE OF OREGON, Defendant, and The Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes & Bands of the Yakima Indian Nation; Confederated Tribes of the Umatilla Indian Reservation; and Nez Perce Tribe of Idaho, Intervenors.

United States District Court D. Oregon.

July 8, 1969.

Attorney(s) appearing for the Case

Sidney I. Lezak, U. S. Atty., Michael L. Morehouse, Asst. U. S. Atty., District of Oregon, George D. Dysart, Assistant Regional Solicitor. United States Dept. of Interior, Portland, Or., for the United States.

James B. Hovis, Yakima, Wash., for Yakima Indian Nation.

Owen M. Panner, David F. Berger, Bend, Or., for Warm Springs Tribe.

Mark C. McClanahan, Dean D. DeChaine, King, Miller, Anderson, Nash & Yerke, Portland, Or., for Umatilla Tribe.

Arthur Lazarus, Jr., Washington, D. C., Robert C. Strom, Craigmont, Idaho, John T. Lewis, The Dalles, Or., for Nez Perce Tribe of Idaho.

Robert A. Bennett, Willner, Bennett & Leonard, Portland, Or., Jack Greenberg, Melvyn H. Zarr, National Office for the Rights of the Indigent, New York City, David R. Hood, MacDonald, Hoague & Bayless, Seattle, Wash., Donald J. Horowitz, Farris, Bangs & Horowitz, Seattle, Wash., Ralph W. Johnson, School of Law, University of Washington, Seattle, Wash., for Richard Sohappy and others.

Robert Y. Thornton, Atty. Gen., George S. Woodworth, Henry Kane, Asst. Attys. Gen., Roy C. Atchison, Asst. Atty. Gen., Portland, Or., for McKee A. Smith and State of Oregon.


BELLONI, District Judge.

Fourteen individual members of the Confederated Tribes and Bands of the Yakima Indian Nation filed case No. 68-409 against the members and director of the Fish Commission of the State of Oregon and the Oregon State Game Commission. They seek a decree of this court defining their treaty right "of taking fish at all usual and accustomed places" on the Columbia River and its tributaries...


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