CARLSON v. TULALIP TRIBES OF WASHINGTON

No. 73-2428.

510 F.2d 1337 (1975)

John R. CARLSON et al., Plaintiffs, John R. Carlson and Eleanor C. Carlson, his wife, Plaintiffs-Appellants, v. The TULALIP TRIBES OF WASHINGTON, a Federal Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 3, 1975.


Attorney(s) appearing for the Case

Stimson Bullitt (argued), of Riddell, Williams, Voorhees, Ivie & Bullitt, Seattle, Wash., for plaintiffs-appellants.

Lewis A. Bell (argued), of Bell, Ingram, Johnson & Level, Everett, Wash., for defendant-appellee.

Before CHOY and GOODWIN, Circuit Judges, and BURNS, District Judge.


OPINION

ALFRED T. GOODWIN, Circuit Judge:

John and Eleanor Carlson appeal the district court's dismissal of their suit to quiet title to certain waterfront lands.

The Tulalip Indian Reservation was created by the 1855 Treaty of Point Elliott. In 1888, the United States conveyed certain lots (herein called the "subject tract") within the Reservation to Mowich Sam, a Tulalip Indian. In 1961, the Carlsons, heirs of Mowich Sam, brought a partition suit...

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