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SOHAPPY v. SMITH

Nos. 74-2409, 74-2376 and 74-2617.

529 F.2d 570 (1976)

Richard SOHAPPY et al., Appellees, v. McKee A. SMITH et al., Appellants. UNITED STATES of America, Appellee, v. STATE OF OREGON et al., Appellants. Richard SOHAPPY et al., Appellees, v. STATE OF WASHINGTON, Appellant. UNITED STATES of America, Appellee, v. STATE OF WASHINGTON, Appellant. Richard SOHAPPY et al., Plaintiffs-Appellees, v. McKee A. SMITH et al., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. STATE OF OREGON et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

January 28, 1976.

Attorney(s) appearing for the Case

James B. Hovis (argued), Yakima, Wash., Owen M. Panner (argued), Panner, Johnson, Marceau & Karnopp, Bend, Or., for appellees.

Lee Johnson, Atty. Gen. (argued), State of Or., Portland, Or., James M. Johnson, Asst. Atty. Gen. (argued), State of Wash., Olympia, Wash., Carl Strass, Atty. (argued), Land and Natural Resources Section, U. S. Dept. of Justice, Washington, D. C., for appellants.

Tony Schwab (argued), Seattle, Wash., for intervenor Columbia River Fishermen.

Before HUFSTEDLER and WRIGHT, Circuit Judges, and LINDBERG, District Judge.

OPINION

PER CURIAM:

On July 8, 1969, the district court filed its opinion and decree defining the treaty rights of the Confederated Tribes and Bands of the Yakima Indian Nation, the Confederated Tribes of the Umatilla Reservation (the Walla Walla, Cayuse, and Umatilla Tribes), the Nez Perce Indian Tribe of Idaho, and the Confederated Tribes of the Warm Springs Indian Reservation. It construed the treaty right "of taking fish at all usual and accustomed places...

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