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UNITED STATES v. STATE OF OR.

No. 80-3218.

657 F.2d 1009 (1981)

UNITED STATES of America, Plaintiff, and The Confederated Tribes and Bands of the Warm Springs Reservation of Oregon; Confederated Tribes of the Umatilla Indian Reservation; and Nez Perce Tribe of Idaho, Intervenors, Confederated Tribes and Bands of the Yakima Indian Nation, Appellant, v. STATE OF OREGON, Defendant, and State of Washington, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1981.

As Amended January 18, 1982.

Attorney(s) appearing for the Case

James B. Hovis, Hovis, Cockrill & Roy, Yakima, Wash., for appellant.

James M. Johnson, Olympia, Wash., George Dysart, Portland, Or., Maria A. Iizuk, Washington, D. C., for appellee.

Before KENNEDY and ALARCON, Circuit Judges, and HENDERSON, District Judge.

KENNEDY, Circuit Judge:

The primary issue in this appeal is whether the district court had jurisdiction to enjoin the Confederated Tribes and Bands of the Yakima Indian Nation [Yakima Tribe] in an ongoing fishing dispute. The present dispute centers around the annual spring run of Columbia River chinook salmon. In recent years, that run has severely declined. In an attempt to preserve the species, the United States District Court for the District of Oregon enjoined...

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