Opinion
No. 87-1165.
Argued November 28, 1988 Decided June 12, 1989
830 F.2d 139, affirmed by an equally divided Court.
Jerome C. Muys argued the cause for petitioners. With him on the briefs were Warren J. Abbott, Fred Vendig, Karen L. Tachiki, James F. Roberts, Justin McCarthy, John K. Van de Kamp, Attorney General of California, R. H. Connett and N. Gregory Taylor, Assistant Attorneys General, and Douglas B. Noble, Deputy Attorney General, Robert K. Corbin, Attorney General of Arizona, and Anthony B. Ching, Solicitor General.
Edwin S. Kneedler argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Marzulla, Deputy Solicitor General Wallace, Edward J. Shawaker, and Sarah P. Robinson. Dale T. White argued the cause for the tribal respondents. With him on the brief were William E. Strickland and Scott B. McElroy.
Page 920 Richard Dauphinais filed a brief for the Klamath Tribe et al. as amici curiae urging affirmance.
The judgment below is affirmed by an equally divided Court.
JUSTICE MARSHALL took no part in the consideration or decision of this case.