KLAMATH IND. TRIBE v. OR. DEPT. OF FISH & WILDLIFE

No. 83-3660.

729 F.2d 609 (1984)

KLAMATH INDIAN TRIBE, Plaintiff-Appellee, v. The OREGON DEPARTMENT OF FISH AND WILDLIFE, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1984.


Attorney(s) appearing for the Case

Don B. Miller, Native American Rights Fund, Boulder, Colo., for plaintiff-appellee.

Michael Reynolds, Salem, Or., for defendants-appellants.

Before KILKENNY, WALLACE and CANBY, Circuit Judges.


KILKENNY, Circuit Judge:

Appellant Oregon Department of Fish and Wildlife appeals from part of the district court's grant of summary judgment in favor of the Klamath Indian Tribe. The court held, in part, that the Tribe, and not the state, has the right to regulate tribal members' hunting, fishing and trapping on lands ceded to the United States in 1901. We affirm.

FACTS

In 1864, the Klamath and Modoc Tribes, along with the Yahooskin Band of Snake...

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