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U.S. v. STATE OF WASH.

Nos. 85-3908, 85-4009.

813 F.2d 1020 (1987)

UNITED STATES of America, et al., Plaintiffs, and Quinault Indian Tribe, et al., Plaintiffs-Intervenors-Appellees-Cross-Appellants, v. STATE OF WASHINGTON, Defendant-Appellant-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission August 22, 1986.

Resubmitted September 15, 1986.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry and David E. Walsh, Olympia, Wash. for defendants-appellants-cross-appellees.

Steven S. Anderson and Phillip E. Katzen, Seattle, Wash. for plaintiffs-appellees-cross-appellants.

Before WRIGHT and ANDERSON, Circuit Judges, and LYNCH, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

The State of Washington appeals from the district court's order awarding attorneys' fees and costs pursuant to 42 U.S.C. § 1988 to appellee Indian tribes ("the Tribes") for participation in United States v. Washington.1 We reverse.

BACKGROUND

The factual background of this appeal is set out more fully in Washington v. Fishing Vessel Ass'n, 443 U.S. 658...

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