COLBERT v. PACIFIC STATES MARINE FISHERIES COM'N

No. 22400-7-III.

104 P.3d 17 (2004)

Susan K. COLBERT, an individual, Appellant, v. PACIFIC STATES MARINE FISHERIES COMMISSION, an interstate commission; Scott Livingston, a married individual; Jane Doe Livingston, a married individual, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

December 21, 2004.


Attorney(s) appearing for the Case

David William Savage, Robert W. Rembert, Irwin, Myklebust, Savage & Brown, Pullman, WA, for Appellant.

Robert C. Tenney, Alfred Gordon Schweppe, Meyer, Fluegge & Tenney PS, Yakima, WA, for Respondent.


SWEENEY, A.C.J.

Federal courts have exclusive jurisdiction over disputes involving federal agencies. But mere consent by Congress to the creation of a multistate commission (consent required by the compact clause of the United States Constitution) does not mean that the resulting commission is a federal agency. The trial court held in this personal injury suit that, absent an express disclaimer, any commission created by the consent of Congress was a federal agency...

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