Tulalip Tribes v. Suquamish Indian Tribe, No. 13-35773 (9th Cir. 2015)
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The Tulalip invoked the district court's continuing jurisdiction by filing a request for determination of the scope of the Suquamish's usual and accustomed fishing grounds and stations (U&A). Ruling on cross motions for summary judgment, the district court concluded
that Judge Boldt did not intend to exclude the contested areas from the Suquamish’s U&A and entered judgment accordingly. The court held that the Tulalip did not meet its burden to demonstrate that there was no evidence before Judge Boldt supporting Suquamish fishing or traveling through the western contested waters. Accordingly, the court affirmed the judgment of the district court.
Court Description: Indian Law. The panel affirmed the district court’s summary judgment in a treaty fishing rights case in which the Tulalip Tribes sought a determination of the scope of the Suquamish Indian Tribe’s usual and accustomed fishing grounds and stations. The Tulalip Tribes invoked the district court’s continuing jurisdiction as provided by a permanent injunction entered in 1974. The panel affirmed the district court’s conclusion that certain contested areas were not excluded from the Suquamish Tribe’s usual and accustomed fishing grounds and stations, as determined by the district court in 1975. TULALIP TRIBES V. SUQUAMISH INDIAN TRIBE 3
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