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TULALIP TRIBES v. SUQUAMISH INDIAN TRIBE

No. 13-35773.

794 F.3d 1129 (2015)

TULALIP TRIBES, Plaintiff-Appellant, v. SUQUAMISH INDIAN TRIBE, Defendant-Appellee, and United States of America; Swinomish Tribal Community; Jamestown S'Klallam Tribe; Lower Elwha Band of Klallams; Port Gamble S'Klallam Tribe; Nisqually Indian Tribe; Skokomish Indian Tribe; Upper Skagit Indian Tribe; Lummi Nation; Nooksack Indian Tribe of Washington State; Washington State Department of Fish and Wildlife; Quinault Indian Nation; Stillaguamish Tribe; Puyallup Tribe; Muckleshoot Indian Tribe; Quileute Indian Tribe, Real-parties-in-interest.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2015.

Attorney(s) appearing for the Case

Mason D. Morisset (argued) and Rebecca JCH Jackson , Morisset Schlosser Jozwiak & Somerville, Seattle, WA, for Plaintiff-Appellant.

Howard G. Arnett (argued), Karnopp Peterson, Bend, OR; James Rittenhouse Bellis and Michelle Hansen , Office of the Reservation Attorney, Suquamish, WA, for Defendant-Appellee.

Before: RICHARD A. PAEZ, JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

In this treaty fishing rights case, the Tulalip Tribes ("the Tulalip") invoked the district court's continuing jurisdiction as provided by the permanent injunction in United States v. Washington, 384 F.Supp. 312, 419 (W.D.Wash.1974) (Decision I), aff'd...

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