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United States Ninth Circuit


Lower Elwha Klallam Indian Tribe v. Lummi Nation, 12-35936

In this fishing territory dispute between two sets of Indian Tribes, summary judgment entered in favor of plaintiff Klallam Tribe is reversed and remanded for further proceedings, where, since the issue of whether the waters to the west of northern Whidbey Island were part of the Lummi Tribe’s usual and accustomed fishing grounds had not yet been determined, the district court erred in concluding that the issue was controlled by law of the case.

Appellate Information

  • Decided 08/19/2014
  • Published 08/19/2014

Judges

  • Bea

Court

  • United States Ninth Circuit

Counsel

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