Legal Opinion
Lummi Indian Tribe, Cross-Appellees v. Wesley C. Oltman, Cross-Appellants
Court of Appeals for the Ninth Circuit
Decided November 25, 1983No. 83-3521, 83-3563PublishedCited by 61 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
The Lummi Indian Tribe filed this action under 42 U.S.C. § 1985, alleging that the defendants had blocked tribal access to fishing grounds. The defendants counterclaimed under 42 U.S.C. §§ 1981, 1982, and 1985.
After a settlement, both sides sought attorney fees under 42 U.S.C. § 1988, which the district court disallowed on the basis that neither party had prevailed.
The order denying fees reasoned that each party had received benefits and made concessions, and that the main benefit the plaintiffs received was narrowly circumscribed and burdened with assurances…
2Cases cited11 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Maher v. GagneSupreme Court of the United States · 1980
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
- American Constitutional Party, Libertarian Party, Bicentennial Reality Party, and Socialist Workers' Party v. Ralph Munro, Secretary of StateCourt of Appeals for the Ninth Circuit · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
- San Diego Police Officers' Ass'n v. San Diego City Employees' Retirement SystemCourt of Appeals for the Ninth Circuit · 2009
- Clark v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 1986
- Stivers v. PierceCourt of Appeals for the Ninth Circuit · 1995
56 more not listed; retrieve them via the Exa API.