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KENAITZE INDIAN TRIBE v. STATE OF ALASKA

No. 87-4110.

860 F.2d 312 (1988)

KENAITZE INDIAN TRIBE, Plaintiff-Appellant, v. STATE OF ALASKA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 24, 1988.

As Amended on Denial of Rehearing and Rehearing January 4, 1984.

Attorney(s) appearing for the Case

Carol H. Daniel and Donald S. Cooper, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiff-appellant.

Sarah E. McCracken, Asst. Atty. Gen., Anchorage, Alaska, Larri I. Spengler, Asst. Atty. Gen., Juneau, Alaska, for defendant-appellee.

Elizabeth Ann Peterson, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for amicus.

Before KOZINSKI, NOONAN and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc January 4, 1984.

KOZINSKI, Circuit Judge*:

We travel to the northern reaches of our circuit to resolve a dispute implicating two recurring Alaskan motifs: on the one hand, the clash between traditional and modern ways of life; on the other, fish. The Kenaitze Indian Tribe claims that the state of Alaska is attempting to evade federal legislation creating a priority for subsistence...

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