UNITED STATES of America, Plaintiff, and
Skokomish Indian Tribe, Plaintiff-Appellant,
v.
State of WASHINGTON, Defendant, and
Port Gamble S'Klallam Tribe; Jamestown S'Klallam Tribe, Defendants-Appellees.
United States of America; Skokomish Indian Tribe, Plaintiffs,
v.
State of Washington, Defendant, and
Port Gamble S'Klallam Tribe; Jamestown S'Klallam Tribe, Defendants-Appellees,
v.
Lower Elwha Klallam Tribe, Plaintiff-intervenor-Appellant.
United States of America; Skokomish Indian Tribe, Plaintiffs, and
Makah Indian Tribe; Puyallup Tribe; Nisqually Indian Tribe; Lummi Indian Nation, Intervenors-Appellants,
v.
State of Washington, Defendant, and
Port Gamble S'Klallam Tribe; Jamestown S'Klallam Tribe, Defendants-Appellees,
v.
Swinomish Indian Tribal Community, Plaintiff-intervenor-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 21, 2008.
Filed July 13, 2009.
Attorney(s) appearing for the Case
Douglas B.L. Endreson, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., for appellant Skokomish Indian Tribe.
Lori Ellen Nies (briefed), Skokomish Indian Tribe, Skokomish Nation, WA, for appellant Skokomish Indian Tribe.
Lorane F. Hebert, Hogan & Hartson, LLP, Washington, D.C., for appellant Lower Elwha Klallam Tribe.
Richard M. Berley, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for appellant Makah Tribe.
David West (briefed), Garvey, Schubert & Barer, Seattle, WA, for appellant Quileute Tribe.
Samuel J. Stiltner (briefed), Law Office of Puyallup Indian Tribe, Tacoma, WA, for appellant Puyallup Tribe.
Harold Chesnin (briefed), Office of Tribal Attorney Upper Skagit Indian Tribe, Sedro Woolley, WA, for appellant Upper Skagit Tribe.
Daniel A. Raas (briefed), Raas, Johnsen & Stuen, P.S., Office of Special Counsel, Bellingham, WA, for appellant Lummi Nation.
Bill Tobin (briefed), Office of Tribal Attorney Nisqually Indian Tribe, Vashon, WA, for appellant Nisqually Tribe.
Kevin Lyon (briefed), Office of Tribal Attorney Squaxin Island Indian Tribe, Shelton, WA, for appellant Squaxin Island Tribe.
Eric Nielsen (briefed), Nielsen, Broman & Koch, Seattle, WA, for appellant Quinault Indian Nation.
James M. Jannetta (briefed), Swinomish Indian Tribal Community, LaConner, WA, for appellant Swinomish Indian Tribal Community.
Lauren P. Rasmussen, Law Offices of Lauren P. Rasmussen, PLLC, Seattle, WA, for appellees.
Before DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
KLEINFELD, Circuit Judge:
In substance, one Indian tribe seeks against other tribes an equitable apportionment of a shared fishery. Though this case was filed as a proceeding in the still pending 1970 district court case of United States v. Washington,1 neither the United States nor the State of Washington asserts a claim or defends against one.
I. Facts.
In the 1850s, the United States signed...
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