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Last updated: February 4, 2010
Next update should be ready by: February 12, 2010
Selected Indian Law Cases Discovered: Through February 4, 2010
Please alert us to any cases we may have missed from the U.S. Courts of
Appeals.
United States v. Washington
2010 WL 293112
No. 08-35794
United States Court of Appeals, Ninth Circuit, January 27, 2010
Subjects: not yet available
*Synopsis: Indian tribe moved to reopen judgment, 476 F.Supp. 1101, that had denied tribal members treaty fishing rights on ground that tribe had not maintained organized tribal structure. The United States District Court for the Western District of Washington, Barbara Jacobs Rothstein, J., denied relief. Tribe appealed. The Court of Appeals, 394 F.3d 1152, reversed. On remand, the District Court, Ricardo S. Martinez, J., 2008 WL 6742751, again denied relief. Tribe appealed.
*Holding: The Court of Appeals, en banc, Canby, Circuit Judge, held that federal recognition obtained by Indian tribe was not extraordinary circumstance that warranted reopening of previous denial of treaty rights.
Affirmed.
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