US v. Washington, No. 08-35794

In an Indian tribe's appeal from the district court's denial of the tribe's Rule 60(b) motion to reopen the judgment in a matter in which the tribe had been denied fishing rights under the Treaty of Point Elliott, the order is affirmed where recognition proceedings and the fact of the tribe's recognition had no effect on the establishment of treaty rights at issue in this case.

Read US v. Washington, No. 08-35794

Appellate Information

Argued and Submitted June 2, 2009

Filed December 11, 2009

Judges

Opinion by Judge Canby

Counsel

For Appellant:

Mason D. Morisset, Morisset, Schlosser, Jozwiak & McGaw, Seattle, WA

James M. Jannetta, Swinomish Indian Tribal Community, La Conner, Wa

For Appellee:

Elizabeth Ann Peterson, Attorney, Department of Justice, Washington, DC