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UNITED STATES v. STATE OF WASH., DEPT. OF FISHERIES

Nos. 75-2835 and 76-1042.

573 F.2d 1118 (1978)

UNITED STATES of America, Plaintiff-Appellee, Makah Tribe, Lower Elwha Band of Clallam Tribe, Port Gamble Band of Clallam Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe and Swinomish Indian Tribal Community, Intervenors-Appellees, v. STATE OF WASHINGTON, DEPARTMENT OF FISHERIES and Donald W. Moos, its Director, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

April 24, 1978.

Attorney(s) appearing for the Case

James M. Johnson, Asst. Atty. Gen., Olympia, Wash., for defendants-appellants.

Kathryn A. Oberly, Washington, D. C., Harwood Bannister, Bannister, Bruhn & Cuningham, Mount Vernon, Wash., for plaintiff-appellee.

Alvin J. Ziontz, of Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Seattle, Wash., for intervenors-appellees.

Before CHAMBERS and KENNEDY, Circuit Judges, and JAMESON, District Judge.

KENNEDY, Circuit Judge:

In the continuing litigation to implement and enforce the decrees we affirmed in United States v. Washington, 520 F.2d 676 (9th Cir. 1975), cert. denied, 423 U.S. 1086, 96 S.Ct. 877, 47 L.Ed.2d 97 (1976), the district court issued certain injunctions against the State of Washington to enforce an allocation of fishing rights between treaty Indians and...

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