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U.S. v. WASHINGTON

No. 03-35145.

394 F.3d 1152 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. State of WASHINGTON; Swinomish Tribal Community; Nisqually Indian Tribe; Port Gamble S'Klallam Tribe; Lower Elwha Band of Klallams; Jamestown S'Klallam Tribe; Skokomish Indian Tribe; Makah Indian Tribe; Nooksack Indian Tribe of Washington State; Upper Skagit Indian Tribe; Lummi Nation, Defendants-Appellees. Samish Indian Tribe, Applicant in Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 6, 2005.

Attorney(s) appearing for the Case

Craig J. Dorsay, Portland, OR, for appellant Samish Indian Tribe.

Elizabeth Ann Peterson, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for appellee United States.

Daniel A. Raas, Raas, Johnsen & Stuen, Bellingham, WA, for appellees Lummi Nation, Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, Tulalip Tribe, Suquamish Indian Tribe, Port Gamble S'Klallam Tribe, Lower Elwha Band of S'Klallams, Jamestown S'Klallam Tribe, and Puyallup Tribe of Indians.

Before: TASHIMA, PAEZ, and BEA, Circuit Judges.

TASHIMA, Circuit Judge:

Appellant Samish Indian Tribe ("the Samish") sought by means of Federal Rule of Civil Procedure 60(b)(6) to reopen United States v. Washington, 476 F.Supp. 1101 (W.D.Wash.1979) ("Washington II"), aff'd 641 F.2d 1368 (9th Cir.1981), a judgment that denied the Samish treaty fishing rights on the ground that the tribe had not maintained an organized tribal...

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