LUMMI INDIAN TRIBE v. OLTMAN

Nos. 83-3521, 83-3563.

720 F.2d 1124 (1983)

LUMMI INDIAN TRIBE, et al., Plaintiffs-Appellants, Cross-Appellees, v. Wesley C. OLTMAN, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1983.


Attorney(s) appearing for the Case

Harry L. Johnsen, Bellingham, Wash., for plaintiffs-appellants, cross-appellees.

Jeffrey L. Carey, Seattle, Wash., for defendants-appellees, cross-appellants.

Before WRIGHT, PREGERSON, and FERGUSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

The Lummi Indian Tribe filed this action under 42 U.S.C. § 1985, alleging that the defendants had blocked tribal access to fishing grounds. The defendants counterclaimed under 42 U.S.C. §§ 1981, 1982, and 1985.

After a settlement, both sides sought attorney fees under 42 U.S.C. § 1988, which the district court disallowed on the basis that neither party had prevailed.

The order denying fees reasoned...

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