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NATIVE VILLAGE OF QUINHAGAK v. U.S.

Nos. 01-35430, 01-35466.

307 F.3d 1075 (2002)

NATIVE VILLAGE OF QUINHAGAK; Native Village of Goodnews Bay; Association of Village Council Presidents; Louie Smith; Annie Cleveland, Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES of America; Gale Norton, in her official capacity as Secretary of the Interior, Defendants, and State of Alaska; Frank Rue, in his official capacity as Commissioner of the Alaska Department of Fish and Game, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2002.

Attorney(s) appearing for the Case

Sky Starkey, Homer, AK, for plaintiffs-appellees-cross-appellants Native Village of Quinhagak, Native Village of Goodnews Bay, Association of Village Council Presidents, Louie Smith, and Annie Cleveland.

William E. Caldwell, Alaska Legal Services Corp., Fairbanks, AK, for plaintiff-appellee-cross-appellant Native Village of Goodnews Bay.

Dean K. Dunsmore, Department of Justice, Environment & Natural Resources Div., Anchorage, AK, for defendant United States of America.

Joanne Grace, Anchorage, AK, for defendants-appellants-cross-appellees State of Alaska and Frank Rue.

Before: B. FLETCHER, ALARCÓN, and GRABER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

These appeals involve an award of attorneys' fees resulting from more than a decade of litigation over subsistence fishing rights in Alaskan waters. Defendant-Appellant/Cross-Appellee State of Alaska argues that the plaintiff villages were not entitled to recover fees on the issue of which government — federal or state — could assert jurisdiction to manage subsistence fishing. Plaintiffs-Appellees cross-appeal, arguing...

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