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U.S. v. LUMMI INDIAN TRIBE

No. 98-35964.

235 F.3d 443 (2000)

UNITED STATES of America, Plaintiff, and Lower Elwha Band of S'Klallams; Jamestown Band of S'Klallams; Port Gamble Band of S'Klallams; and the Skokomish Indian Tribe, Plaintiffs-Appellees, v. LUMMI INDIAN TRIBE, Defendant-Appellant, and Puyallup Tribe; Makah Indian Tribe; Tulalip Tribe; Suquamish Indian Tribe; State of Washington; Confederated Bands and Tribes of the Yakima Indian Nation; Muckleshoot Indian Tribe; Quinault Indian Nation; Interested Attorney; Nisqually Indian Tribe; Swinomish Indian Tribal Community; Hoh Indian Tribe, Interested Parties.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2000.

Attorney(s) appearing for the Case

Harry L. Johnsen, Raas, Johnsen & Stuen, P.S., Bellingham, Washington, for the defendant-appellant.

Kathryn J. Nelson, Eisenhower & Carlson, PLLC, Tacoma, Washington, for the plaintiffs-appellees.

Before: MARY M. SCHROEDER, ROBERT R. BEEZER and MICHAEL DALY HAWKINS, Circuit Judges.

Argued and Submitted September 12, 2000 — Seattle, Washington.

BEEZER, Circuit Judge:

The Lummi Indian Tribe appeals from the final judgment entered in favor of the Lower Elwha Band of S'Klallams, the Jamestown Band of S'Klallams, the Port Gamble Band of S'Klallams and the Skokomish Indian Tribe (collectively "the Four Tribes"). The district court concluded that Judge Boldt, in United States v. Washington, 384 F.Supp. 312

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