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CONFEDERATED TRIBES, ETC. v. ALEXANDER

Civ. No. 74-991.

440 F.Supp. 553 (1977)

CONFEDERATED TRIBES OF the UMATILLA INDIAN RESERVATION, Plaintiff, v. Clifford L. ALEXANDER, Jr., Secretary of the Army of the United States, Lt. Gen. John W. Morris, Chief of Engineers, United States Army Corps of Engineers, Christopher J. Allaire, District Engineer, United States Army Corps of Engineers, Walla Walla District, Defendants.

United States District Court, D. Oregon.

November 10, 1977.

Attorney(s) appearing for the Case

Douglas R. Nash, Pendleton, Or., Dennis J. Whittlesey, Washington, D.C., Daniel H. Israel, Boulder, Colo., for plaintiff.

Sidney I. Lezak, U.S. Atty., Thomas C. Lee, Asst. U.S. Atty., Portland, Or., for defendants.

OPINION

BELLONI, District Judge:

The United States Army Corps of Engineers plans to dam Catherine Creek, in Northeastern Oregon, for flood control, irrigation and recreation purposes. Plaintiff Confederated Tribes of the Umatilla Indian Reservation seek to enjoin construction of the dam, contending that it will infringe fishing rights guaranteed to them by the treaty of 1855 by which they ceded the bulk of their aboriginal lands to white settlers. Plaintiffs...

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