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UNITED STATES v. STATE OF WASH.

Nos. 79-4447, 79-4472.

641 F.2d 1368 (1981)

UNITED STATES of America et al., Plaintiffs, and Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes, Plaintiffs-Intervenors/Appellants, and Duwamish Indian Tribe, Plaintiff-Intervenor/Appellant, v. STATE OF WASHINGTON et al., Defendants.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1981.

Rehearing and Rehearing Denied June 5, 1981.

As Corrected June 8, 1981.

Attorney(s) appearing for the Case

Alan C. Stay, Seattle, Wash., for plaintiffs-appellants Samish Tribe.

David C. Shilton, George D. Dysart, Washington, D. C., plaintiff-appellee United States.

Lewis A. Bell, Everett, Wash., for plaintiffs-appellees Tulalip Tribes.

Dennis Reynolds, Olympia, Wash., for defendants-appellees State of Wash.

Before WRIGHT and CANBY, Circuit Judges, and PATEL, District Judge.

Rehearing and Rehearing En Banc Denied June 5, 1981.

EUGENE A. WRIGHT, Circuit Judge:

In the 1850's several Indian tribes were induced to relinquish much of their aboriginal land so that white people could settle in Washington Territory. The tribes received certain payments and were allowed to keep small parcels of land on which to live. In addition, because fishing was the source of their livelihood, they reserved the right of taking fish at all usual and...

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