United States Ninth Circuit

An Indian reservation is not foreclosed by res judicata from asserting the claim of a constituent tribe to fishing rights at a location on a tributary to the Columbia River as the requisite identity of claims between an earlier intervention attempt and the present injunction hearing did not exist and, consequently, res judicata did not apply.

Appellate Information

• Argued 03/11/2005
• Decided 12/04/2006
• Published 12/04/2006

Judges

• HUG, Circuit Judge:, Before: PROCTER HUG, JR., MARSHA S. BERZON, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Harry R. Sachse, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., for the appellants.


• For Appellees:
  
• Fronda Woods, Assistant Attorney General, Olympia, WA, for the intervenor-appellee., Tim Weaver, Weaver Law Office, Yakima, WA, for the intervenor-appellee., Howard G. Arnett, Karnopp Petersen LLP, Bend, OR, for intervenor-appellee.