Legal Opinion · Concurrence

Puget Sound Gillnetters Ass'n v. United States District Court

Court of Appeals for the Ninth Circuit

Decided April 24, 1978No. Nos. 77-3129, 77-3208, 77-3209, 77-3654 and 77-3655Published

1ConcurrenceKennedy, Circuit Judge

The dimensions of the state’s resistance to the decrees in these cases are, in my view, over-stated by the opinion for the court, but I fully agree that by its policy with respect to this litigation the state has unduly complicated the issues without advancing its own cause. I agree further that an apportionment of fishing rights half to the treaty Indians and half to all other fishermen is binding on this panel. United States v. Washington, 520 F.2d 676 (9th Cir. 1975), cert. denied, 423 U.S. 1086, 96 S.Ct. 877, 47 L.Ed.2d 97 (1976). However, the court undertakes to restate the rationale for…

2Cases cited18 opinions

  1. Puyallup Tribe v. Department of Game of Wash.Supreme Court of the United States · 1968
  2. United States v. WashingtonCourt of Appeals for the Ninth Circuit · 1975
  3. Department of Game of Wash. v. Puyallup TribeSupreme Court of the United States · 1973
  4. Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
  5. Abbey v. . WheelerNew York Court of Appeals · 1902

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