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KLAMATH AND MODOC TRIBES v. MAISON

No. 19231.

338 F.2d 620 (1964)

KLAMATH AND MODOC TRIBES and Yahooskin Band of Snake Indians et al., Appellants, v. H. G. MAISON, Individually and as Superintendent, Department of State Police, State of Oregon, et al., Appellees, and United States of America, Intervenor-Appellee.

United States Court of Appeals Ninth Circuit.

November 2, 1964.

Attorney(s) appearing for the Case

Cleveland C. Cory, Rockwood, Davies, Biggs, Strayer & Stoel, Portland, Or., for appellants.

Robert Y. Thornton, Atty. Gen. of Oregon, Salem, Or., Roy C. Atchison, Asst. Atty. Gen. of Or., Portland, Or., for appellees.

Ramsey Clark, Asst. Atty. Gen. of U. S., Roger P. Marquis, S. Billingsley Hill, Dept. of Justice, Washington, D. C., Sidney I. Lezak, Acting U. S. Atty., Portland, Or., amici curiæ: United States.

John W. Cragun, Charles A. Hobbs, Washington, D. C., Richard A. Baenen, Lloyd G. Andrews, Shawano, Wis., Donald C. Gormley, Wilkinson, Cragun & Barker, Washington, D. C., amici curiæ: Menominee Enterprises, Inc.

Donald C. Gormley, Claron C. Spencer, Washington, D. C., for amici curiæ: Withdrawing members of Klamath Tribe et al.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge.

Appellees are officers of the State of Oregon, charged with enforcement of Oregon game laws. They have asserted the right and duty to enforce hunting and trapping regulations and statutes of Oregon against appellants' members within an area which, under the Treaty of 1864, 16 Stat. 707, between the United States and appellants, formed a part of appellants' reservation. Appellants have brought this action pursuant to 28 U.S.C. § 2202 (1958...

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