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United States v. Washington

384 F.Supp. 312, affirmed 520 F.2d 676 (1975), cert. denied 423 U.S. 1086, 96 S.Ct. 877, 47 L.Ed.2d 97 (1976)

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United States v. Washington

United States District Court, Western District of Washington

384 F.Supp. 312, affirmed 520 F.2d 676 (1975), cert. denied 423 U.S. 1086, 96 S.Ct. 877, 47 L.Ed.2d 97 (1976)

Facts

The United States (plaintiff) entered into a series of treaties with 14 different Indian tribes in western Washington between 1854 and 1859. Although the language of each treaty differed slightly, they all guaranteed the tribes the right to fish at their usual and customary locations in common with territorial citizens. The state of Washington (defendant) sought to enforce state regulations to limit the times that Indians could fish and the number of fish that they could take.

Rule of Law

Issue

Holding and Reasoning (Boldt, J.)

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