Nos. 87-4310, 87-4374.

896 F.2d 1157 (1990)

NATIVE VILLAGE OF NOATAK; Circle Village, Plaintiffs-Appellants, and Native Village of Akiachak, Plaintiff, v. David HOFFMAN, as Commissioner, Department of Community and Regional Affairs, State of Alaska, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 12, 1990.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner and Robert T. Anderson, Anchorage, Alaska, for plaintiffs-appellants.

Gary I. Amendola and Douglas K. Mertz, Asst. Attys. Gen., Juneau, Alaska, for defendant-appellee Hoffman.

Before KOZINSKI, NOONAN and THOMPSON, Circuit Judges.


The opinion filed March 30, 1989 is hereby withdrawn. The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. General Order 5.4(b) now applies.


NOONAN, Circuit Judge:

The Native Village of Noatak, the Native Village of Akiachak and Circle Village brought this action against the Commissioner of the Department of Community and Regional Affairs of the State of Alaska (the Commissioner...

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