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KARUK TRIBE OF CALIFORNIA v. U.S. FOREST SERVICE

No. 05-16801.

658 F.3d 953 (2011)

KARUK TRIBE OF CALIFORNIA, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Margaret Boland, Defendants-Appellees, The New 49'ers, Inc.; Raymond W. Koons, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

September 12, 2011.

Attorney(s) appearing for the Case

Roger Flynn , Jeffrey Charles Parsons , Senior, Western Mining Action Project, Lyons, CO, Lynne Saxton , Environmental Law Foundation, James R. Wheaton , Public Interest Law Office, Oakland, CA, for Plaintiff-Appellant.

Barclay T. Samford, Esquire , U.S. Department of Justice, Denver, CO, Lane N. McFadden, Esquire , Brian C. Toth , U.S. Department of Justice, Washington, DC, Charles Michael Oconnor, Esquire , Assistant U.S. Attorney, Office of the U.S. Attorney, San Francisco, CA, for Defendants-Appellees.

James L. Buchal , Murphy & Buchal, LLP, Portland, OR, R. Dabney Eastham, Esquire , Ladas & Parry LLP, Los Angeles, CA, for Defendants-Intervenors-Appellees.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge RAWLINSON did not participate in the deliberations or vote...

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