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NATIVE VILLAGE OF QUINHAGAK v. U.S.

No. 93-35496.

35 F.3d 388 (1994)

NATIVE VILLAGE OF QUINHAGAK; Native Village of Goodnews Bay; the Association of Village Council Presidents; Louie Smith; Annie Cleveland, Plaintiffs-Appellants, v. UNITED STATES of America; Manuel Lujan, Jr., in his official capacity as Secretary of the United States Dept. of the Interior; State of Alaska; Carl Rosier, in his official capacity as the Commissioner of the Alaska Dept. of Fish & Game, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1994.

Attorney(s) appearing for the Case

John Starkey (argued) Ass'n of Village Council Presidents, Bethel, AK; Joseph D. Johnson (on the briefs) Alaska Legal Services Corp., Anchorage, AK, for the plaintiffs-appellants.

Elizabeth Ann Peterson, U.S. Dept. of Justice, Washington, DC, for the federal defendants-appellees; Joanne M. Grace, Asst. Atty. Gen., Anchorage, AK, for the state defendants-appellees.

Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges.

PREGERSON, Circuit Judge:

The Native Villages of Quinhagak and Goodnews Bay and others appeal the district court's denial of their motion for a preliminary injunction in their action brought under Title VIII of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3117(a), challenging state regulations that prohibit subsistence rainbow trout fishing and federal regulations that exclude Alaska's navigable waters from the regulation of "public lands...

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