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U.S. v. STATE OF WASH.

No. 95-35202.

98 F.3d 1159 (1996)

UNITED STATES of America, Plaintiff-Appellee, and Duwamish Indian Tribe; Snohomish Indian Tribe; Steilacoom Indian Tribe, Plaintiffs-Intervenors-Appellants, v. STATE OF WASHINGTON; Nisqually Indian Tribe; Hoh Indian Tribe; Lummi Indian Nation; Skokomish Indian Tribe; Jamestown Band of Klallams; Lower Elwha Klallam Tribe; Port Gamble Band Clallam; Muckleshoot Indian Tribe; Quinault Indian Nation; Quileute Indian Tribe; Tulalip Tribe; Makah Indian Tribe; Suquamish Indian Tribe; Puyallup Tribe; Swinomish Indian Tribal Community; Nooksack Tribe; Upper Skagit Tribe, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Tim Atkeson, Arnold & Porter, Denver, CO; Dennis J. Whittlesey, Venable, Baetjer, Howard & Civiletti, Washington, DC, for plaintiffs-intervenors-appellants.

David C. Shilton, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for plaintiff-appellee.

Fronda Woods, Assistant Attorney General, Fish and Wildlife, Olympia, WA; Mason D. Morisset, Morisset, Schlosser, Ayer & Jozwiak, Seattle, WA; Annette Marie Klapstein, Tacoma, WA; Jeffrey Jon Bode, Bellingham, WA; Richard M. Berley, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA; Kathryn J. Nelson, Eisenhower & Carlson, Tacoma, WA; Robert L. Otsea, Jr., Auburn, WA; Sharon Ilene Haensly, Office of the Tribal Attorney, LaConner, WA; Harold Chesnin, Mathews, Garlington-Mathews & Chesnin, Seattle, WA; Daniel A. Raas, Raas, Johnsen & Stuen, Bellingham, WA, for defendants-appellees.

Before: FLETCHER, KOZINSKI and LEAVY, Circuit Judges.

Opinion by Judge LEAVY; Concurrence by Judge KOZINSKI.

LEAVY, Circuit Judge:

In 1979, United States District Judge George H. Boldt ruled that five Northwest Indian tribes had no treaty fishing rights. In 1993, three of these tribes, the Duwamish, Snohomish, and Steilacoom Tribes ("the Three Tribes"), petitioned the United States District Court for Western Washington for relief from the 1979 judgment pursuant to Federal Rule of Civil Procedure 60(b)(6) on the...

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