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STATE v. BABBITT

No. 94-35677.

75 F.3d 449 (1995)

STATE of Alaska, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; United States of America; Evelyn Foster, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1995.

Amended Opinion Filed January 11, 1996.

Amended on Denial of Rehearing and Suggestion for Rehearing March 19, 1996.

Attorney(s) appearing for the Case

E. John Athens, Jr., Assistant Attorney General and Paul R. Lyle, Assistant Attorney General, Fairbanks, Alaska, for appellant.

Jeffrey P. Kehne, U.S. Department of Justice, Washington, DC, and Marilyn J. Twitchell, Alaska Legal Services Corporation, Anchorage, Alaska, for appellees.

Before: HALL, WIGGINS and KLEINFELD, Circuit Judges.

Further Amended on Denial of Rehearing and Suggestion for Rehearing En Banc March 19, 1996.

ORDER

The panel as constituted in the above case has voted to deny appellant's petition for rehearing and to reject the suggestion for a rehearing en banc filed on November 17, 1995.

The full court has been advised of the suggestion for en banc rehearing and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R.App.P. 35...

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