Legal Opinion

Klamath Indian Tribe v. The Oregon Department of Fish and Wildlife

Court of Appeals for the Ninth Circuit

Decided March 27, 1984No. 83-3660PublishedCited by 6 opinions

1Opinion of the Court

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 Indians, ceded to the United States roughly 20 million acres of aboriginal lands. In return, they received a 1.9 million acre reservation. Treaty of…

2Cases cited18 opinions

  1. Bryan v. Itasca CountySupreme Court of the United States · 1976
  2. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
  3. United States v. WinansSupreme Court of the United States · 1905
  4. United States v. Sioux Nation of IndiansSupreme Court of the United States · 1980
  5. Menominee Tribe of Indians v. United StatesSupreme Court of the United States · 1968

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3Cited by6 opinions

  1. Oregon Department of Fish & Wildlife v. Klamath Indian TribeSupreme Court of the United States · 1985
  2. State Ex Rel. Greely v. Confederated Salish & Kootenai Tribes of the Flathead ReservationMontana Supreme Court · 1985
  3. United States v. Oranna Bumgarner FelterCourt of Appeals for the Tenth Circuit · 1985
  4. Yankton Sioux Tribe of Indians v. NelsonDistrict Court, D. South Dakota · 1985
  5. Oregon Department of Fish & Wildlife v. Klamath Indian TribeSupreme Court of the United States · 1985

1 more not listed; retrieve them via the Exa API.

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