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U.S. v. CITY OF TACOMA, WASH.

No. 00-35070.

332 F.3d 574 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. CITY OF TACOMA, WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted February 4, 2003.

Filed June 4, 2003.

Attorney(s) appearing for the Case

Kenneth G. Kieffer and Timothy L. Ashcraft, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, PLLC, Tacoma, WA, for the appellant.

John H. Stahr, Appellate Section, Environment and Natural Resources Division, Department of Justice, WA, D.C., for the appellee.

Before: FERGUSON, KLEINFELD, and GOULD, Circuit Judges.

Opinion by Judge GOULD; Dissent by Judge FERGUSON.

OPINION

GOULD, Circuit Judge.

The United States brought this action, on behalf of itself and as trustee for the Skokomish Indian Tribe (the "Tribe") and its members, asking for declaratory judgment to invalidate the 1921 condemnation proceedings brought by the City of Tacoma ("Tacoma") and seeking to void land transfers made by the Tribe long thought by Tacoma to be settled. After cross motions for...

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