STATE OF ALASKA v. BABBITT

Nos. 94-35480, 94-35481.

72 F.3d 698 (1995)

STATE OF ALASKA, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior, et al., Defendants-Appellees. Katie JOHN, et al., Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Filed April 20, 1995.

Opinion Withdrawn December 19, 1995.

Decided December 19, 1995.


Attorney(s) appearing for the Case

Joanne M. Grace, Assistant Attorney General, Anchorage, Alaska, for plaintiffs-appellants-plaintiffs-appellees.

Elizabeth Ann Peterson, United States Department of Justice, Washington, DC, for defendants-appellees-defendants-appellants.

Robert T. Anderson, Native American Rights Fund, Anchorage, Alaska, for defendant-appellee-plaintiff-appellee.

Richard L. Young, Albuquerque, New Mexico, for Peratrovich, et al., as amici curiae.

Michael A.D. Stanley, Juneau, Alaska; Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, for Peninsula Marketing Association, et al., as amici curiae.

Clive J. Strong, Deputy Attorney General, Boise, Idaho, for States of Arizona, California, Idaho, Montana, Nevada, and Oregon, as amici curiae.

Carol H. Daniel, Alaska Legal Services Corporation, Anchorage, Alaska, for Native Village of Quinhagak, et al., as amici curiae.

Before: WRIGHT, HALL and WIGGINS, Circuit Judges.


ORDER

The opinion filed April 20, 1995, and published at 54 F.3d 549 (9th Cir.1995) is withdrawn. It is replaced by the opinion and dissent filed concurrently with this order.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

These appeals arise from the efforts of Katie John, Doris Charles and the other upper Ahtna Athabaskan Indians of Mentasta Village to continue subsistence...

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