SOHAPPY v. HODEL

No. 88-3531.

911 F.2d 1312 (1990)

David SOHAPPY, Sr., Myra Sohappy, David Sohappy, Jr., Henry Alexander, David Winnier, Michael Brisbois, Michael Hunt, Johnny Kuneki Queampts, Johnny Jackson and The Chiefs and Council of the Columbia River Indians, Plaintiffs-Appellants, v. Donald P. HODEL, Secretary of Interior; Ross Swimmer, Assistant Secretary for Indian Affairs; Stanley Speaks, Area Director for Bureau of Indian Affairs; Casper Weinberger, Secretary of Defense; John Marsh, Jr., Secretary of the Army; Lt. Gen. Joseph Bratton, Chief of the Corps of Engineers; Col. Gary Lord, District Engineer for Oregon, all in their official capacities, and their successors in interest, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1990.


Attorney(s) appearing for the Case

Gary M. Berne, Stoll, Stoll, Berne, Fischer & Lokting, P.C., Portland, Or., Jack L. Schwartz, Portland, Me., for plaintiffs-appellants.

Angus E. Crane, Dept. of Justice, Land and Natural Resources Division, Washington, D.C., for defendants-appellees.

Before TANG, BOOCHEVER and KOZINSKI, Circuit Judges.


BOOCHEVER, Circuit Judge:

Lewis and Clark encountered the following scene at an Indian fishing village in 1805:

From time immemorial the junction of the Snake and Columbia rivers had been a favorite gathering place for Indians from throughout the Columbian Plain.... [T]he river teemed each summer with salmon coming in repeated hordes to the forks.... When the Corps of Discovery reached the confluence, the last of that year's migration was ending...

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