1. Home
  2. Browse Decisions
  3. F.2d
  4. 588 F.2d
  5. 588 F.2d 75 (1978)
 

EASTERN BAND OF CHEROKEE INDIANS v. N.C. WILDLIFE

No. 76-2161.

588 F.2d 75 (1978)

EASTERN BAND OF CHEROKEE INDIANS, Appellee, v. NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, Clyde P. Patton, Executive Director, Appellant, and State of North Carolina Department of Natural and Economic Resources, George Little, Secretary, Defendants, International Association of Fish and Wildlife Agencies, Amicus, United States of America, Amicus.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1978.

Attorney(s) appearing for the Case

John A. Powell, Asheville, N.C. (Bruce A. Elmore, Asheville, N.C., Millard Rich, Raleigh, N.C., on brief), for appellant.

Daniel H. Israel, Boulder, Colo. (Arlinda Locklear, Native American Rights Fund, Washington, D.C., Ben Bridgers, Holt, Haire & Bridgers, Sylva, N.C., Sally N. Willett, Native American Rights Fund, Boulder, Colo., on brief), for appellee.

Edward J. Shawaker, Atty., Dept. of Justice, Washington, D.C. (Peter R. Taft, Asst. Atty. Gen. and Edmund B. Clark, Atty., Dept. of Justice, Washington, D.C., on brief), for United States as amicus curiae.

Paul A. Lenzini, Chapman, Gadsby, Hannah & Duff, Washington, D. C., on brief, for amicus curiae International Association of Fish and Wildlife Agencies.

Before HAYNSWORTH, Chief Judge, and LAY and RUSSELL, Circuit Judges.

HAYNSWORTH, Chief Judge:

In the district court, the Eastern Band of Cherokee Indians obtained a declaratory judgment that North Carolina may not enforce its fishing licensing laws with respect to non-Indians fishing for trout in streams on the Band's reservation. North Carolina has appealed, and we affirm.

The history of the status of the Eastern Band of Cherokee Indians and of their reservation, the Qualla Boundary, sufficiently appears in earlier opinions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases