CONFED. TRIBES OF CHEHALIS v. STATE OF WASH.

Nos. 95-35370, 95-35371.

96 F.3d 334 (1996)

CONFEDERATED TRIBES OF CHEHALIS INDIAN RESERVATION, Plaintiff-Appellant, Cross-Appellee, and Shoalwater Bay Indian Tribe, Plaintiff-Appellant, v. STATE OF WASHINGTON; William R. Wilkerson, individually and as Acting Director of the State of Washington Department of Fisheries; Frank R. Lockard, individually and as Director of the State of Washington Department of Game; Washington State Game Commission, Defendants-Appellees, and UNITED STATES of America, Plaintiff-Appellee, v. STATE OF WASHINGTON, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 1996.


Attorney(s) appearing for the Case

Harold Chesnin, Mathews, Garlington-Mathews & Chesnin, Seattle, Washington; Jeffrey S. Schuster, Evergreen Legal Services, Seattle, Washington; for the plaintiffs-appellants-cross-appellee.

Jay D. Geck, Assistant Attorney General, Robert K. Costello, Sr. Assistant Attorney General, Olympia, Washington; Richard Reich, Office of the Reservation Attorney, Taholah, Washington; Jacques B. Gelin, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

This case involves claims by two Indian tribes in Southwest Washington to off-reservation fishing rights. The Shoalwater Bay Tribe and the Confederated Tribes of the Chehalis Indian Reservation have no such rights by treaty, but they assert that they have implied fishing rights arising from the executive orders creating their reservations. They also argue that they are entitled to the treaty fishing rights of the...

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