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U.S. v. OREGON

No. 03-35773.

470 F.3d 809 (2006)

UNITED STATES of America, Plaintiff, v. State of OREGON, State of Washington, Defendants. Confederated Tribes and Bands of the Yakama Indian Nation, Appellee, v. Confederated Tribes of the Colville Indian Reservation; Joseph Pakootas, Chairman of the Colville Business Council; Wenatchi Constituent Tribe; John St. Pierre, Spokesman for the Wenatchi Constituent Tribe, Appellants.

United States Court of Appeals, Ninth Circuit.

Resubmitted November 24, 2006.

Filed December 4, 2006.

Attorney(s) appearing for the Case

Harry R. Sachse, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., for the appellants.

Fronda Woods, Assistant Attorney General, Olympia, WA, for the intervenor-appellee.

Tim Weaver, Weaver Law Office, Yakima, WA, for the intervenor-appellee.

Howard G. Arnett, Karnopp Petersen LLP, Bend, OR, for intervenor-appellee.

Before: PROCTER HUG, JR., MARSHA S. BERZON, and JAY S. BYBEE, Circuit Judges.

HUG, Circuit Judge:

In this case we determine whether the Confederated Tribes of the Colville Indian Reservation (Colville) is foreclosed by res judicata from asserting the claim of its Wenatchi Constituent Tribe (Wenatchi) to fishing rights at the Wenatshapam Fishery on Icicle Creek, a tributary to the Columbia River. The Yakama1 Nation sought and obtained an injunction preventing the members of the Wenatchi Tribe from fishing at that...

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