WHAT HAPPENED: A federal judge in
Magistrate John Jelderks of the
U.S. District Court ruled last month that the Nez Perce,
BACKGROUND: The 9th U.S. Circuit Court of Appeals last year
backed a decision by Jelderks to allow a group of
scientists to study the bones, which are being stored at the
Jelderks said the tribes' continued effort to participate in the case "constitutes an attempt to litigate matters that have been previously decided in favor of the plaintiff scientists."
WHAT'S NEXT: Rob Roy Smith, a
"The tribes have a legal right to be consulted and play
a role in crafting the study plan," Smith said. "The tribes are
discouraged but not defeated. The tribes remain hopeful that they will be
included in discussions with the
Copyright 2005 Oregon Live. All Rights Reserved.