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PEOPLE OF VILLAGE OF GAMBELL v. BABBITT

No. 92-35037.

999 F.2d 403 (1993)

The PEOPLE OF the VILLAGE OF GAMBELL; the People of the Village of Stebbins, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Interior; United States Department of Interior, Defendants-Appellees, v. NATIVE VILLAGE OF SAVOONGA; Native Village of Kotlik; Native Village of St. Michael; Native Village of Unalakleet; Native Village of Koyuk; Native Village of Shaktoolik; Nome Eskimo Community; Native Village of Solomon; Native Village of Teller; King Island Native Community, Plaintiffs-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Joseph D. Johnson, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs-intervenors-appellants.

David C. Shilton, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: WALLACE, Chief Judge, CANBY and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

This matter comes once again before this court on appeal from the district court's grant of summary judgment in favor of the federal defendants and against the appellants Alaskan native villages. The matters in dispute in the instant appeal stem from this panel's prior decision in People of Village of Gambell v. Hodel, 869 F.2d 1273 (9th Cir. 1989) (Gambell III).

In Gambell III,

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