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CONFEDERATED TRIBES v. LUJAN

No. 90-35192.

928 F.2d 1496 (1991)

CONFEDERATED TRIBES OF the CHEHALIS INDIAN RESERVATION, Shoalwater Bay Indian Tribe, Chinook Indian Tribe, Cowlitz Indian Tribe, Lillian Payne Penn Pullen, Philip Ward, Leo Williams, Edward E. Claplanhoo, Glenn F. Penn, Iola Mary Penn Williams, Helen Sanders, Leda Anderson, and Gloria Brown, Plaintiffs-Appellants, v. Manuel LUJAN, United States Secretary of the Interior, James Burnley, United States Secretary of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1991.

As Amended May 23, 1991.

As Amended on Denial of Rehearing and Rehearing June 13, 1991.

Attorney(s) appearing for the Case

Dennis J. Whittlesey & Joseph S. Gerbasi of Collier, Shannon & Scott, Washington, D.C., and Jill A. Salmi, Seattle, Wash., for plaintiffs-appellants.

Richard B. Stewart, David C. Shilton, Thornton Withers Field, and Jacques B. Gelin, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Richard Reich, Taholah, Wash., for amicus curiae Quinault Indian Nation.

Before SKOPIL, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 13, 1991.

SKOPIL, Circuit Judge:

We are asked on this appeal to determine if the district court properly dismissed an action brought by various groups of Indians against federal officials. These Indians challenge the United States' continuing recognition of the Quinault Indian Nation as the sole governing authority for the Quinault Indian Reservation. The district court dismissed the action after...

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