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NATIVE VILLAGE OF EYAK v. TRAWLER DIANE MARIE

No. 97-35944.

154 F.3d 1090 (1998)

NATIVE VILLAGE OF EYAK; Native Village of Tatitlek; Native Village of Chanega (Aka Chenega); Native Village of Nanwalek; Native Village of Port Graham, Plaintiffs-Appellants, v. TRAWLER DIANE MARIE, INC.; William Daley, Secretary of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1998.

Attorney(s) appearing for the Case

Laurence A. Aschenbrenner (argued), Heather R. Kendall-Miller, Martha L. King, Native American Rights Fund, Anchorage, Alaska, Carol E. Daniel, Anchorage, Alaska, William Caldwell, Alaska Legal Services Corporation, Fairbanks, Alaska, for appellants Native Villages of Eyak, Tatitlek, Chanega, Nanwalek, Port Graham.

David C. Schilton (argued), Lois J. Schiffer, Robert L. Klarquist, Bruce M. Landon, U.S. Department of Justice, Washington, DC, for appellee William M. Daley, Secretary of Commerce.

Before: FARRIS, O'SCANNLAIN, and HAWKINS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this case of first impression, we must consider Alaskan Native Village claims of aboriginal title, including exclusive hunting and fishing rights, to the outer continental shelf of the United States.

I

The Alaskan Native Villages of Eyak, Tatitlek, Chanega, Port Graham, and Nanwalek (collectively, the "Native Villages") appeal the district court's summary judgment in favor of the Secretary of the United States Department...

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