Legal Opinion

Eastern Band of Cherokee Indians v. North Carolina Wildlife Resources Commission

Court of Appeals for the Fourth Circuit

Decided November 30, 1978No. 76-2161PublishedCited by 6 opinions

1Opinion of the Court

HAYNSWORTH, Chief Judge:

In the district court, the Eastern Band of Cherokee Indians obtained a declaratory judgment that North Carolina may not enforce its fishing licensing laws with respect to non-Indians fishing for trout in streams on the Band’s reservation. North Carolina has appealed, and we.affirm.

The history of the status of the Eastern Band of Cherokee Indians and of their reservation, the Qualla Boundary, sufficiently appears in earlier opinions.1

Before 1965 the Band established a Fish and Game Management Enterprise, the primary purpose of which was to regulate sport fishing by…

2Cases cited24 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Worcester v. GeorgiaSupreme Court of the United States · 1832
  3. Williams v. LeeSupreme Court of the United States · 1959
  4. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  5. Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973

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3Cited by6 opinions

  1. Mescalero Apache Tribe v. New MexicoCourt of Appeals for the Tenth Circuit · 1980
  2. Mescalero Apache Tribe v. State Of New MexicoCourt of Appeals for the Tenth Circuit · 1980
  3. Eastern Band Of Cherokee Indians v. North Carolina Wildlife Resources CommissionCourt of Appeals for the Fourth Circuit · 1978
  4. Hatcher v. Harrah's NC Casino Co.Court of Appeals of North Carolina · 2002
  5. Confederated Tribes Of The Colville Indian Reservation v. State Of WashingtonCourt of Appeals for the Ninth Circuit · 1979

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