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California Court of Appeal


Lower Elwha Klallam Indian Tribe v. Lummi Nation, 15-35661

Reversing the district court's summary judgment in favor of the plaintiff tribe, holding that the disputed waters west of Whidbey Island, Washington, were included in the defendant tribe's right of fishing in usual and accustomed grounds and stations because the court had improperly imposed a heightened standard in holding that logic or linguistics needed to 'compel the conclusion' that the contested waters be included.

Appellate Information

  • Published 2017/12/01

Judges

  • MCKEOWN

Court

  • California Court of Appeal

Counsel

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