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CONFEDERATED B. & T. OF YAKIMA v. S. OF WASH.

No. 74-1225.

550 F.2d 443 (1977)

CONFEDERATED BANDS AND TRIBES OF the YAKIMA INDIAN NATION, Appellant, v. STATE OF WASHINGTON et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied July 1, 1977.

Attorney(s) appearing for the Case

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

Malachy R. Murphy, Deputy Atty. Gen. (argued), Olympia, Wash., for appellees.

Before CHAMBERS, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED and KENNEDY, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 1, 1977.

SNEED, Circuit Judge:

The Yakimas argue before this court en banc that PL-280 did not authorize Washington to assume partial jurisdiction and that Rev.Code Wash. § 37.12.010 is accordingly invalid.

We must first decide whether the Supreme Court's summary dismissals in Tonasket v. Washington, 420 U.S. 915, 95 S.Ct. 1108, 43 L.Ed.2d 387 (1975) and Makah Indian Tribe v. Washington,

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