U.S. v. STATE OF OR.

Civ. No. 68-513-MA.

787 F.Supp. 1557 (1992)

UNITED STATES of America, et al., Plaintiffs, v. STATE OF OREGON, et al., Defendants, and Confederated Tribes of the Colville Reservation, Plaintiff-Intervenor.

United States District Court, D. Oregon.

March 16, 1992.


Attorney(s) appearing for the Case

Kevin Q. Davis, Stoel, Rives, Boley, Jones & Grey, Portland, Or., Stephen V. Goddard, Deputy Atty. Gen., Dept. of Fish & Game, Clive J. Strong, Deputy Atty. Gen., Chief, Natural Resources Div., Office of the Atty. Gen., Boise, Idaho, for State of Idaho.

James Wexler, Mitchell Lang & Smith, Seattle, Wash., amicus curiae.

Thane Tienson, Copeland, Landye, Bennett & Wolf, Portland, Or., amicus curiae.

Vernon Peterson, Regional Solicitor's Office, Dept. of the Interior, Portland, Or., William White, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for U.S.

Alan C. Stay, Bruce Didesch, Robert C. Weaver, Jr., Nespelem, Wash., for plaintiff-intervenor Confederated Tribes of the Colville Reservation.

Timothy R. Weaver, Yakima, Wash., for the Confederated Tribes and Bands of the Yakima Indian Nation.

Howard G. Arnett, Marceau, Karnopp, Peterson, Noteboom & Hubel, Bend, Or., for the Confederated Tribes of the Warm Springs Reservation of Oregon.

Craig Dorsay, Oregon Legal Services, Portland, Or., for the Confederated Tribes of the Umatilla Reservation.

Douglas Nash, Nez Perce Tribal Executive Committee, Office of Legal Counsel, Lapwai, Idaho, for Nez Perce Tribe of Idaho.

Candy L. Jackson, Shoshone-Bannock Tribes, Fort Hall, Idaho, Lori Irish Bauman, Ater, Wynne, Hewitt, Dodson & Skerritt, Portland, Or., for Shoshone-Bannock.

Stephanie Striffler, Geoffrey Huntington, Eric Bloch, Asst. Attys. Gen., Dept. of Justice, Portland, Or., for State of Or.

Robert K. Costello, Asst. Atty. Gen., Dept. of Fish and Wildlife, Washington State Atty. General's Office, Olympia, Wash., for State of Wash.

Charles Turner, U.S. Atty., Portland, Or., for U.S.


AMENDED OPINION1

MARSH, District Judge.

Plaintiff-intervenor Confederated Tribes of the Colville Reservation ("Colville") filed a complaint in intervention seeking injunctive relief and a declaration that it is the successor in interest to the Wenatchi, Entiat, Chelan, Columbia, Palus and the Chief Joseph Band of Nez Perce Indians, and as such, it is entitled to exercise Columbia River off-reservation fishing rights reserved...

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