U.S. v. STATE OF WASH.

No. 90-35887.

969 F.2d 752 (1992)

UNITED STATES of America, Plaintiff, and Lummi Indian Tribe, Intervenor-Appellant, v. STATE OF WASHINGTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1992.


Attorney(s) appearing for the Case

Harry L. Johnsen, Office of Reservation Atty., Bellingham, Wash., for intervenor-appellant.

Phillip E. Katzen, Evergreen Legal Services, Mason D. Morisset, Pirtle, Morisset, Schlosser & Ayer, Seattle, Wash., Annette M. Klapstein, Tacoma, Wash., Alvin Ziontz, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Wash., John Sledd, Suquamish, Wash., for additional Indian tribes.

Robert K. Costello and Jay D. Geck, Asst. Attys. Gen., Olympia, Wash., for defendant-appellee.

Ronald Friedman, Asst. U.S. Atty., Seattle, Wash., Apphia T. Schley, U.S. Dept. of Justice, Washington, D.C., for amicus curiae.

Before: WRIGHT, HUG and LEAVY, Circuit Judges.


LEAVY, Circuit Judge:

FACTS

This interlocutory appeal is about the location of the eastern boundary of the Lummi Indian Reservation in the State of Washington. The State of Washington contends that the eastern boundary of the reservation is the line of low tide on the eastern side of the peninsula that contains the Lummi Reservation. The Lummi Indians contend that the eastern boundary is a straight line from Point Francis to Treaty Rock because that is what...

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