UNITED STATES v. STATE OF WASH.

No. 81-3111.

759 F.2d 1353 (1985)

UNITED STATES of America, Plaintiff-Appellee, and Quileute, Makah, Lummi, Muckleshoot, Squaxin Island, Skokomish, Lower Elwha, Snoqualmie, Duwamish, Stillaguamish, Sauk-Suiattle, Nisqually, Swinomish, Tulalip, Puyallup, Quinault, Upper Skagit, Yakima, Nooksack, Steilacoom, Samish, Snohomish, and Port Gamble Band of Clallam Indian Tribes, Plaintiff-Intervenors-Appellees, v. STATE OF WASHINGTON, Defendant-Appellant, and State of Washington Department of Fisheries and State of Washington Department of Game, Defendant-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1985.


Attorney(s) appearing for the Case

Anne S. Almy, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Alam C. Stay, Evergreen Legal Service, Seattle, Wash., for Quileute and Nisqually Tribes.

Edward B. Mackie, Deputy Atty. Gen., Olympia, Wash., for defendant-appellant.

Before BROWNING, SNEED, KENNEDY, ANDERSON, SKOPIL, SCHROEDER, ALARCON, POOLE, FERGUSON, NELSON, and NORRIS, Circuit Judges.


Argued and Submitted En Banc October 12, 1983.

PER CURIAM:

The State's petition for rehearing is granted and our opinion of December 17, 1984 is withdrawn. The opinion of the panel which first heard the case is vacated. See United States v. Washington, 694 F.2d 1374 (9th Cir.1983). The following constitutes the opinion of the court.

The State of Washington appeals from the district court's grant of declaratory...

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