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WHITE MOUNTAIN APACHE TRIBE v. WILLIAMS

No. 81-5348.

810 F.2d 844 (1984)

WHITE MOUNTAIN APACHE TRIBE, an Indian tribe established pursuant to Executive Order, et al., Plaintiffs-Appellees, v. Jack WILLIAMS, Governor of the State of Arizona, et al., Defendants, and John McLaughlin, Chairman, Arizona State Transportation Board, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1984.

Petition for Rehearing Granted April 25, 1984.

Reargued and Resubmitted July 18, 1984.

Filed December 19, 1985.

Amended February 10, 1987.

Attorney(s) appearing for the Case

Anthony B. Ching, Phoenix, Ariz., for defendants-appellants.

Beus, Gilbert, Wake & Morrill and Neil Vincent Wake, Phoenix, Ariz., for plaintiffs-appellees.

Before FLETCHER and NORRIS, Circuit Judges, and BURNS, District Judge.

AMENDED OPINION

NORRIS, Circuit Judge:

The court's amended opinion of August 20, 1986, reported at 798 F.2d 1205, is withdrawn. The following disposition replaces the court's previous opinion.

This appeal presents the question whether Pinetop Logging Company ("Pinetop") and the White Mountain Apache Tribe (the "Tribe") have stated a claim under 42 U.S.C. § 19831 for which attorney...

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