Opinion
No. 72-1193.
November 2, 1973.
Kelly Hancock, Omak, Wash., for plaintiff-appellant.
Robert L. Pirtle, Ziontz, Pirtle Morisset, Seattle, Wash., for defendants-appellees.
On Appeal from the United States District Court for the Eastern District of Washington; William N. Goodwin, Chief Judge.
Before KOELSCH, DUNIWAY and WALLACE, Circuit Judges.
This case presents the same jurisdictional question as was presented in the case of Laramie v. Nicholson, 9 Cir., 1973, 487 F.2d 315. As in that case, the trial judge held that he had no jurisdiction and dismissed the action. The judgment is reversed on the authority of Laramie v. Nicholson, supra, and of Johnson v. The Lower Elwha Tribal Community, 9 Cir., 1973, 484 F.2d 200.
As in the Laramie case, we express no opinion on the merits of the case because the trial court did not reach that question. The judgment is reversed and the case is remanded for further proceedings.