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UNITED STATES v. STATE OF OR.

Nos. 82-3556, 82-3604.

718 F.2d 299 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF OREGON and State of Washington, Defendants-Appellants, and Confederated Tribes of the Warm Spring Reservation, et al., Plaintiffs-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1983.

Attorney(s) appearing for the Case

Maria A. Iizuka, Dirk D. Snel, Dept. of Justice, Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Charles H. Turner, U.S. Atty., George D. Dysart, Dept. of Justice, Portland, Or., for U.S.

Howard G. Arnett, Johnson, Marceau, Karnopp & Petersen, Bend, Or., Tim Weaver, Hovis, Cockrill, Weaver & Bjur, Yakima, Wash., for intervenor.

Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., Mary J. Deits, Asst. Atty. Gen., Salem, Or., for State of Or.

Kenneth O. Eikenberry, Atty. Gen., James M. Johnson, Sr., Asst. Atty. Gen., Dennis D. Reynolds, Asst. Atty. Gen., Olympia, Wash., for State of Wash.

Before SNEED, FARRIS, and CANBY, Circuit Judges.

SNEED, Circuit Judge:

The State of Oregon and the State of Washington bring this appeal from a now-expired preliminary injunction. The district court issued the injunction to allocate chinook salmon among treaty and nontreaty fishermen for the fall 1982 salmon run on the Columbia River. Although the parties seek to employ this appeal as the means by which a number of issues important to the management of the river fishery can be resolved, we decline to proceed entirely...

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