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UNITED STATES v. FRYBERG

No. 79-1488.

622 F.2d 1010 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Dean R. FRYBERG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 7, 1980.

Attorney(s) appearing for the Case

John W. Tapp, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant.

Stephen C. Schroeder, Seattle, Wash., for plaintiff-appellee.

Before DUNIWAY and WALLACE, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Dean Raymond Fryberg was charged by information with the unlawful taking, shooting and killing of a bald eagle, in violation of 16 U.S.C. § 668 and 668c.1 He moved to dismiss the information on the grounds that " § 668 et seq. cannot apply to the taking of an eagle for North American ceremonial and religious purposes", a right secured to him by treaty...

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