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NATIVE VILLAGE OF TYONEK v. PUCKETT

Nos. 87-3569, 87-3587 and 87-3588.

890 F.2d 1054 (1989)

NATIVE VILLAGE OF TYONEK, Plaintiff-Appellee, v. Donald PUCKETT, and Erna Puckett; Fred Slawson, and Virginia Slawson, Defendants-Appellants. NATIVE VILLAGE OF TYONEK, Plaintiff-Appellant, v. Donald PUCKETT; Erna Puckett; Alexandra Kaloa; Esther Kaloa; Fred Slawson; Virginia Slawson; Alec Constantine; Olga Constantine, Defendants-Appellees. NATIVE VILLAGE OF TYONEK, Plaintiff-Appellee, v. Donald PUCKETT, and Erna Puckett; Fred Slawson, and Virginia Slawson, Defendants, and Alexandra Kaloa; Esther Kaloa; Alec Constantine; Olga Constantine, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 28, 1988.

Resubmitted August 8, 1989.

Memorandum Filed August 11, 1989.

Opinion Issued as Amended November 24, 1989.

Rehearing Denied November 24, 1989.

Attorney(s) appearing for the Case

Bertram E. Hirsch, Floral Park, N.Y., James F. Vollintine, Anchorage, Alaska, for plaintiff-appellant, Native Village of Tyonek.

Robert H. Wagstaff, Anchorage, Alaska, for appellants Kaloa and Constantine.

Randall G. Simpson, Jermain, Dunnagan & Owens, Lewis F. Gordon, Bailey & Mason, Anchorage, Alaska, for defendants-appellees and cross-defendants-appellants.

Robert T. Anderson, Native American Rights Fund, Anchorage, Alaska, for amicus curiae, Akiachak Native Community.

Douglas K. Mertz, Asst. Atty. Gen. of Alaska, Juneau, Alaska, for amicus curiae, The State of Alaska.

Before WRIGHT, ALARCON and POOLE, Circuit Judges.

Rehearing Denied in No. 87-3588 November 24, 1989.

ALARCON, Circuit Judge.

The Native Village of Tyonek (Village) instituted this action seeking to evict non-members Donald and Erna Puckett (Pucketts), and Fred and Virginia Slawson (Slawsons), from the village. The Village also sought an order enjoining village members Alexandra and Esther Kaloa (Kaloas), and Alec and Olga Constantine (Constantines), from leasing their homes to non-members. The Village alleged...

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