No. A78-184 Civil.

462 F.Supp. 1374 (1979)

Eben HOPSON, Sr., Lloyd Ahvakana, and Elijah Rock, Individually and on behalf of all others similarly situated, Plaintiffs, v. Juanita KREPS, Secretary of Commerce, Richard Frank, Administrator, National Oceanic and Atmospheric Administration, Terry Leitzell, Assistant Administrator for Fisheries, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, and United States of America, Defendants.

United States District Court, D. Alaska.

January 11, 1979.

Attorney(s) appearing for the Case

Stephen DeLisio, of Merdes, Schaible, Staley & Delisio, Inc., Anchorage, Alaska, Charles A. Goldmark, William H. Block, Wickwire, Lewis, Goldmark, Dystel & Schorr, Seattle, Wash., for plaintiffs.

Alexander O. Bryner, U. S. Atty., Anchorage, Alaska, Margaret Strand, Dept. of Justice, Washington, D.C., for defendants.

Joel T. Thomas, Nat. Wildlife Federation, Washington, D.C., amicus curiae.


VON DER HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross motions for partial summary judgment. The issue presented by these motions is whether the 1946 International Convention for the Regulation of Whaling, 62 Stat. 1716, (1946 Convention), and the Whaling Convention Act of 1949, 16 U.S.C. §§ 916-916l (1976) authorize the regulation of subsistence whaling by Native Alaskans. This case presents complex...

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