Upper Skagit Indian Tribe v. Washington, No. 07-35061

In a motion by an Indian tribe pursuant to a prior consent decree seeking a determination that the tribe possessed fishing rights in a certain area, summary judgment for plaintiff is affirmed where the fact that the judge who initially issued the decree defined "Puget Sound" in one order as including Skagit Bay and Saratoga Passage did not mean that references to "Puget Sound" in other orders always included those same areas.

Read Upper Skagit Indian Tribe v. Washington, No. 07-35061

Appellate Information

Argued and Submitted October 21, 2008

Filed January 5, 2010

Judges

Opinion by Judge Rymer

Dissent by Judge Kleinfeld

Counsel

For Appellants:

Michelle Hansen, Office of Tribal Attorney, Suquamish, WA

Douglas B.L. Endreson, Sonosky, Chambers, Sachse, Endreson & Perry, Washington, DC

For Appellees:

Harold Chesnin, Office of the Tribal Attorney, Sedro Woolley, WA

Andrew H. Salter, Seattle, WA