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SHOSHONE-BANNOCK TRIBES v. FISH & GAME COM'N, IDAHO

No. 94-35280.

42 F.3d 1278 (1994)

SHOSHONE-BANNOCK TRIBES, Plaintiff-Appellant, v. FISH & GAME COMMISSION, IDAHO, sued as: Idaho Fish & Game Commission; Jerry Conley, individually and in his official capacity as Director of Idaho Fish and Game; Richard Meiers; Norm Guth; Louis Racine; Wesley Rose, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1994.

Attorney(s) appearing for the Case

Candy L. Jackson and Jeanette Wolfley, Shoshone-Bannock Tribes, Fort Hall, ID, for plaintiff-appellant.

Clive J. Strong, Deputy Atty. Gen., and Steven W. Strack, Deputy Atty. Gen., Boise, ID, for defendants-appellees.

Before: BEEZER anFERNANDEZ, Circuit Judges, and ORRICK, District Judge.

BEEZER, Circuit Judge:

The Shoshone-Bannock Tribes (Tribes) challenge an order of the Idaho Fish and Game Commission (Fish and Game) prohibiting all fishing for Spring Chinook Salmon during the summer of 1991 in an area of the Salmon River traditionally fished by the Tribes. The district court dismissed the action as moot and as barred by the Eleventh Amendment. We have jurisdiction, 28 U.S.C. § 1291, and we reverse and remand in part and affirm in part.

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