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UNITED STATES v. STATE OF OR.

No. 83-4254.

769 F.2d 1410 (1985)

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

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1985.

Attorney(s) appearing for the Case

Maria A. Iizuka, Dirk D. Snel, Dept. of Justice, Washington, D.C., for the U.S.A.

Howard Arnett, Johnson, Marceau, Karnopp & Petersen, Bend, Or., Tim Weaver, Hovis, Cockrill, Weaver & Bjur, Yakima, Wash., for intervenors Indian Tribes.

Stephen V. Goddard, Deputy Atty. Gen., Boise, Idaho, for State of Idaho.

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

Before BROWNING and ALARCON, Circuit Judges, and WILKINS, District Judge.

ALARCON, Circuit Judge:

This appeal arises out of continuing litigation, begun in 1968, over the rights of various Indian Tribes to the anadromous fishery of the Columbia River and its tributaries. In the current dispute, the States of Washington and Idaho appeal from an expired preliminary injunction issued in 1983 at the request of the Tribes under the district court's retained jurisdiction in the case. The injunction prevented the States of Oregon and Washington...

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