No. 92-37010.

64 F.3d 1266 (1995)

Margaret GREENE, in her capacity as Chairman of the Samish Indian Tribe of Washington; Samish Indian Tribe, of Washington, Plaintiffs-Appellees, v. Bruce E. BABBITT, in his capacity as Secretary of the Interior, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1995.

Attorney(s) appearing for the Case

David C. Shilton, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Russel L. Barsh, Anacortes, WA, for plaintiffs-appellees.

James H. Jones, Bell & Ingram, Everett, WA, amicus curiae for appellant Tulalip Tribes of Washington.

Before WRIGHT, SCHROEDER, and BRUNETTI, Circuit Judges.

Opinion by Judge SCHROEDER; Dissent by Judge WRIGHT.

SCHROEDER, Circuit Judge:

The Secretary of the Interior appeals the district court's decision that the plaintiff group of Samish Indians, and their Chairman, Margaret Greene, receive a formal adjudication under the Administrative Procedure Act, 5 U.S.C. § 554, to determine whether or not the Samish are entitled to be recognized as a "tribe" by the federal government. The Samish seek such recognition...

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