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CONFEDERATED TRIBES, ETC. v. STATE OF WASH.

No. 76-3286.

591 F.2d 89 (1979)

CONFEDERATED TRIBES OF THE COLVILLE INDIAN RESERVATION, Plaintiff-Appellee, v. STATE OF WASHINGTON, Carl Crouse, Individually and as Director of the State of Washington Department of Game, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 16, 1979.

Attorney(s) appearing for the Case

Dennis Reynolds, Asst. Atty. Gen. (argued), Olympia, Wash., for defendant-appellant.

Mason Morisset (argued), of Ziontz, Pirtle, Morisset, Ernestoff & Chestnut, Seattle, Wash., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

CHOY, Circuit Judge:

The State of Washington appeals from a district court declaratory judgment that the State is without jurisdiction to regulate or control fishing by non-Indians on the Colville Indian Reservation. Appellees are the Confederated Tribes of the Colville Indian Reservation (the Tribes), a federally recognized tribal organization. We reverse.

I. Statement of the Case

The Tribes and the United States Fish and Wild Life Service...

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