Harold Blake and Margaret Carlson, and Cross-Defendants v. G. Ray Arnett, Simpson Timber Company, a Corporation, Cross-Plaintiff And

DUNIWAY, Circuit Judge:

Before us are two appeals. No. 79 — 1484 is from an order of Judge Burke certifying a class of cross-defendants, appealable under 28 U.S.C. § 1292(b). No. 80-1276 is from a summary judgment of Judge Schnacke in favor of Simpson Timber Company and against plaintiffs Blake and Carlson, made appealable under Rule 54(b), F.R. Civ.P.

I

We first consider appeal No. 80 — 4276. We affirm.

A. Facts.

Appellants Blake and Carlson are Yurok Indians. The case concerns their claimed rights to enter and cross lands of Simpson Timber Company to exercise Yurok hunting arid fishing rights.…