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U.S. v. CONFEDERATED TRIBES OF COLVILLE INDIAN

Nos. 08-35961, 08-35963.

606 F.3d 698 (2010)

UNITED STATES of America, Plaintiff, v. CONFEDERATED TRIBES OF the COLVILLE INDIAN RESERVATION, Respondent-Appellee, and State of Oregon; State of Washington, Defendants, v. Confederated Tribes and Bands of the Yakama Indian Nation, Plaintiff-intervenor-Appellant. United States of America, Plaintiff-Appellee, v. Confederated Tribes of the Colville Indian Reservation, Respondent-Appellant, and State of Oregon; State of Washington, Defendants, v. Confederated Tribes and Bands of the Yakama Indian Nation, Plaintiff-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2010.

Attorney(s) appearing for the Case

Thomas Zeilman, Esq., (argued) Law Offices of Thomas Zeilman, Yakima, WA, for plaintiff-intervenor-appellant, Confederated Tribes and Bands of the Yakama Indian Nation.

Robert Lundman, Esq., (argued) United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for plaintiff United States of America.

Donald J. Simon, Esq., (argued) Sonosky Chambers Sachse Endreson & Perry, Washington, D.C., for respondent-appellee Confederated Tribes of the Colville Indian Reservation.

Before: RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

TALLMAN, Circuit Judge:

This appeal is the latest chapter in the saga of Pacific Northwest Native American treaty fishing rights; a saga that has spanned many generations and over forty years of federal litigation. If history is our guide, it will not be the last chapter written. After a 2006 remand from this court, the district court conducted a trial primarily based on expert anthropological opinions, century-old documents, and reliable hearsay. The Confederated...

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