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UNITED STATES v. STATE OF OR.

No. 84-3501.

745 F.2d 550 (1984)

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

United States Court of Appeals, Ninth Circuit.

Submitted September 21, 1984.

Decided October 16, 1984.

Attorney(s) appearing for the Case

Tim Weaver, Hovis, Cockrill, Weaver & Bjur, Takima, Wash., Catherine Wilson, Pendleton, Or., Robert C. Strom, Strom, Longeteig & Johnson, Craigmont, Idaho, Maria A. Iizuka, Dirk D. Snel, Washington, D.C., for plaintiff-appellee.

Stephen V. Goddard, Deputy Atty. Gen., Boise, Idaho, for applicant for intervention-appellant.

Before KILKENNY and SCHROEDER, Circuit Judges, and AGUILAR, District Judge.

SCHROEDER, Circuit Judge.

The State of Idaho appeals from the denial of its petition to intervene as of right in litigation concerning the extent to which the States of Oregon and Washington may regulate fishing in the Columbia River and its tributaries consistent with the treaty rights of several Indian Tribes. Idaho seeks to participate in negotiations for a modified management plan which could have significant impact upon Idaho's fish resources in the upper tributaries...

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