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CREE v. WATERBURY

No. 95-35102.

78 F.3d 1400 (1996)

Ronald CREE, Jr.; Dalton Cree; Jack Haggerty; Douglas Beebe; Joseph Yallup; Carl Boyle; Richard "Kip" Ramsey, d/b/a Tiin-Ma Logging Co., Plaintiffs-Appellees, Yakama Indian Nation, Plaintiff-Intervenor-Appellee, v. David W. WATERBURY; K.M. Tunell; Charles Less; State of Washington; U.S. Secretary of Transportation, Defendants-Appellants. WHEELER LOGGING, Plaintiff-Appellee, Yakama Indian Nation, Plaintiff-Intervenor-Appellee, v. Roger W. BRUETT; Clyde Lucas; U.S. Secretary of Transportation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1996.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, Fronda Woods (argued), Assistant Attorney General, Olympia, WA, for the defendants-appellants.

Tim Weaver (argued), Yakima, WA, Betty Meanus, Office of Legal Counsel, Yakama Indian Nation, Toppenish, WA, for the plaintiffs-appellees.

Before: BROWNING and CANBY, Circuit Judges, and REA, District Judge.

REA, District Judge.

Plaintiffs, members of the Yakama Indian Nation, brought this action to prevent defendants, Washington state officials and officers (the "State"), from applying state truck license and permit fees to members of the Yakama tribe. Plaintiffs claim that the fees violate the right to use public highways granted to the Yakama tribe under the Yakama Treaty. The district court granted summary judgment to the Yakama Indian Nation on the ground that the...

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