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U.S. v. STATE OF WASH.

No. 81-3111.

694 F.2d 1374 (1982)

UNITED STATES of America, et al., Plaintiffs-Appellees, v. STATE OF WASHINGTON, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1982.

As Amended January 3, 1983.

Attorney(s) appearing for the Case

Edward B. Mackie, Deputy Atty. Gen., Olympia, Wash., for defendants-appellants.

William A. White, Washington, D.C., for plaintiffs-appellees.

Alan C. Stay, Seattle, Wash., for amicus curiae Hoh/Quileute/Nugually Tribe.

Before SNEED, ANDERSON, and REINHARDT, Circuit Judges.

SNEED, Circuit Judge:

I.

OVERVIEW

In this case the State of Washington ("the State") appeals the grant of summary judgment in the second phase of this protracted litigation over Indian treaty fishing rights in the Pacific Northwest. The district court characterized its opinion as "but the most recent link in a long chain of opinions construing the following 27 words:

`The right of taking fish...

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