In a motion by an Indian tribe pursuant to a prior consent decree seeking a determination that the tribe possessed fishing rights in a certain area, summary judgment for plaintiff is affirmed where the fact that the judge who initially issued the decree defined "Puget Sound" in one order as including Skagit Bay and Saratoga Passage did not mean that references to "Puget Sound" in other orders always included those same areas.
Argued and Submitted October 21, 2008
Filed January 5, 2010
Opinion by Judge Rymer
Dissent by Judge Kleinfeld
Michelle Hansen, Office of Tribal Attorney, Suquamish, WA
Harold Chesnin, Office of the Tribal Attorney, Sedro Woolley, WA
Andrew H. Salter, Seattle, WA