No. C88-384Z.

698 F.Supp. 1504 (1988)

MUCKLESHOOT INDIAN TRIBE and Suquamish Indian Tribe, Plaintiffs, v. Colonel Philip L. HALL, District Engineer for the Seattle District of the United States Army Corps of Engineers; John O. Marsh, Secretary of the Army; United States Department of the Army, Corps of Engineers; City of Seattle, a municipality of the State of Washington; Elliott Bay Marina Group, a partnership; and David M. Abercrombie, Defendants.

United States District Court, W.D. Washington, at Seattle.

On Determination of Bond and For Temporary Restraining Order July 11, 1988.

On Motion for Reconsideration September 6, 1988.

Attorney(s) appearing for the Case

Robert L. Otsea, Jr., Laura Ann Lavi, Office of the Tribal Atty., Muckleshoot Indian Tribe, Auburn, Wash., Phillip E. Katzen, Alexandra Harmon, Evergreen Legal Services, Native American Project, Seattle, Wash., for plaintiffs.

Susan Barnes, Asst. U.S. Atty., Seattle, Wash., for Colonel Philip L. Hall, John O. Marsh, U.S. Dept. of the Army Corps of Engineers.

G. Richard Hill, John McCullough, Foster, Pepper & Shefelman, Seattle, Wash., for Elliott Bay Marina Group.

Judith B. Barbour, Seattle City Atty., Seattle, Wash., for City of Seattle.

Mair, Abercrombie, Camiel & Rummonds, Seattle, Wash., for David M. Abercrombie.

Mason D. Morisset, Terence L. Thatcher, Pirtle, Morisset, Schlosser & Ayer, Seattle, Wash., for Tulalip Tribes of Washington, amicus curiae.

Richard S. White, Helsell Fetterman Martin Todd, Seattle, Wash., for Homeowners, intervenors.


ZILLY, District Judge.

THIS MATTER comes before the Court on the motion of plaintiffs Muckleshoot Indian Tribe and Suquamish Indian Tribe ("the Tribes") for a preliminary injunction enjoining the construction of a 1200-slip marina, the Elliott Bay Small Craft Harbor (the "Marina"), pending trial of the merits in this case. The Tribes contend that a preliminary injunction is necessary because construction of the Marina...


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