UNITED STATES v. EBERHARDT

Nos. 85-1212, 85-1213 and 85-1233.

789 F.2d 1354 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Gig and Jeannette EBERHARDT, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Tom WILSON and Sonny Erickson, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Diane Sue MATTZ, Atone ("Tony") W. Folkins, and Randy Mattz, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 16, 1986.


Attorney(s) appearing for the Case

Blake A. Watson, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for plaintiff-appellant.

Geoffrey Hansen, Asst. Federal Public Defender, Laurence J. Litcher, Serra, Perelson, Anton, & Lichter, San Francisco, Cal., Michael Pfeffer, California Indian Legal Services, Oakland, Cal., for defendants-appellees.

Before POOLE and BEEZER, Circuit Judges, and JAMESON, District Judge


POOLE, Circuit Judge:

In these cases the United States appeals district court orders that dismissed criminal prosecutions charging appellees with unlawful sale of anadromous fish caught within the Hoopa Valley Indian Reservation. Appellees were accused of violating regulations promulgated by the Department of Interior (Interior) that prohibit commercial fishing by Indians on that part of the Klamath River flowing through the Reservation. The district courts held that...

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