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CONFED. BANDS & TRIBES, ETC. v. STATE OF WASH.

No. 74-1225.

552 F.2d 1332 (1977)

CONFEDERATED BANDS AND TRIBES OF the YAKIMA INDIAN NATION, Appellant, v. STATE OF WASHINGTON, County of Yakima, Daniel J. Evans as Governor of the State of Washington and Individually, Slade Gorton, as Attorney General of the State of Washington and Individually, Les Conrad, Cliff Onsgard and Lenore Lambert as County Commissioners and Individually, Appellees.

United States Court of Appeals, Ninth Circuit.

April 29, 1977.

Attorney(s) appearing for the Case

James B. Hovis, argued, Hovis, Cockrill & Roy, Yakima, Wash., for appellant.

Slade Gorton, Atty. Gen., Malachy R. Murphy, Deputy Atty. Gen., argued, Olympia, Wash., Jeffery C. Sullivan, Pros. Atty., Robert N. Hacket, Jr., argued, Yakima, Wash., for appellees.

Before HUFSTEDLER, MOORE, and WRIGHT, Circuit Judges.

OPINION

ON REMAND FROM THE COURT EN BANC

HUFSTEDLER, Circuit Judge:

The Confederated Bands and Tribes of the Yakima Indian Nation ("Yakimas"), invoking federal jurisdiction under 28 U.S.C. § 1362, brought this suit challenging the statutory and constitutional validity of the State of Washington's assumption of criminal and civil jurisdiction over the Yakimas' reservation lands. The district court rejected the Yakimas' statutory and constitutional...

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