U.S. v. AAM

Nos. 88-3594, 88-3549.

887 F.2d 190 (1989)

UNITED STATES of America, Plaintiff/Appellant, and Suquamish Indian Tribe, Plaintiff/Appellant, v. Dorwin AAM; Ingvard Aam; et. al.; Thomas Berggren; R. Richard Boyer; L.C. Hirschi; Gerald Ibsen; Marjorie E. Ibsen; Joseph R. James; Stewart S. James; Dorothy D. McVay, and all those unknown defendants who may claim an interest in the subject land; State of Washington; Kitsap County, Anthony Schwab, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1989.

As Amended January 12, 1990.


Attorney(s) appearing for the Case

Alexandra Harmon, Suquamish, Wash. and John M. Peebles, Daniel W. Evans, Mary L. Skaff of Steier & Kreikemeier, P.C., Omaha, Neb., for plaintiff/appellant Suquamish Indian Tribe.

Roger J. Marzulla, Asst. Atty. Gen., Wash., D.C., Gene S. Anderson, U.S. Atty., Seattle, Wash., and F. Patrick Barry, Margaret B. Crow, and Thomas C. Pacheco, Dept. of Justice, Washington, D.C., for plaintiff/appellant U.S. of America.

John A. Roberts and Eric Richter of Skeel, Henke, Evenson & Roberts, Seattle, Wash., for defendant/appellee Adkins, et al.

William A. Helsell of Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, Wash., for defendant/appellee Davis, et al.

Reinhold P. Schuetz, Kitsap County Deputy Pros. Atty., Port Orchard, Wash., for defendant/appellee County of Kitsap.

J. Lawrence Coniff, Asst. Atty. Gen., for the State of Wash., Olympia, Wash., for defendant/appellee State of Wash.

Anthony Schwab, Kirkland, Wash., pro se.

Anthony Schwab, Kirkland, Wash., for defendant/appellee Palzers.

Before SKOPIL, PREGERSON and NOONAN, Circuit Judges.


SKOPIL, Circuit Judge:

We are asked in these consolidated appeals to determine whether the Port Madison Indian Reservation in Washington includes adjacent tidelands. The Suquamish Indian tribe, joined by the United States, argues that the tidelands were reserved by treaty for the tribe's exclusive use. The state of Washington and private landowners contend that the tidelands were never part of the reservation and therefore title to the tidelands passed to the state...

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