U.S. v. LUMMI INDIAN TRIBE

No. 86-3664.

841 F.2d 317 (1988)

UNITED STATES of America, Plaintiff-Appellee, Tulalip Tribe, Plaintiff-Intervenor-Appellee, v. LUMMI INDIAN TRIBE, Plaintiff-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Daniel A. Raas and Harry L. Johnsen, Bellingham, Wash., for plaintiff-intervenor-appellant.

John T. Stahr, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Mason D. Morisset, Seattle, Wash., for plaintiff-intervenor-appellee.

Before BEEZER and HALL, Circuit Judges, and GRAY, Senior District Judge.


BEEZER, Circuit Judge:

The Lummi Indian Tribe appeals from a judgment holding that in 1855 certain waters in the northern part of Puget Sound were usual and accustomed fishing grounds of the Tulalip Tribes. We affirm.

I

The United States and various tribes, including predecessors to the Lummi and Tulalip Tribes, entered into the Treaty of Elliott Point in 1855. Article V of the Treaty reserves to signatory tribes "[t]he right of taking fish at usual...

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