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U.S. v. WASHINGTON

No. 99-35104.

235 F.3d 438 (2000)

UNITED STATES of America; Suquamish Indian Tribe; Lower Elwha Band of Klallams, Lower Elwha Band of S'Klallams; Jamestown Band of Klallams, Jamestown Band of S'Klallams; Port Gamble Band of Klallams, Port Gamble Band of S'Klallams; Skokomish Indian Tribe; Puyallup Tribe; Makah Indian Tribe; Tulalip Tribe; Muckleshoot Indian Tribe; Nisqually Indian Tribe; Swinomish Indian Tribal Community; Hoh Indian Tribe; Nooksack Indian Tribe; Quileute Indian Tribe; Upper Skagit Tribe, et al., Plaintiffs, and Quinault Indian Nation; Chehalis Indian Reservation; Shoalwater Bay Indian Tribe, Plaintiffs-Appellees, v. State of WASHINGTON, Defendant-Appellant, and Coast Oyster Company, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2000.

As Amended on Denial of Rehearing February 3, 2001.

Attorney(s) appearing for the Case

Richard Reich (argued), Office of the Reservation Attorney, Quinault Indian Nation, Tahola, Washington, for plaintiffs-appellees Quinault Tribe.

Harold Chesnin (argued), Mathews Garlington-Mathews & Chesnin, Seattle, Washington, for plaintiffs-appellees Chehalis Tribe.

Jay D. Geck (argued) and Robert K. Costello, Washington State Attorney General's Office, Olympia, Washington, for the defendant-appellant.

Before: Mary M. SCHROEDER, Robert R. BEEZER, and Michael Daly HAWKINS, Circuit Judges.

Argued and Submitted September 12, 2000 — Seattle, Washington

MICHAEL DALY HAWKINS, Circuit Judge:

This case is a tributary, flowing out of the watershed fishing rights case of United States v. Washington, 384 F.Supp. 312 (W.D.Wash.1974) ("the Boldt Decision"), aff'd, 520 F.2d 676 (9th Cir.1975). The Boldt Decision sought to divide equitably salmon fishing rights between...

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