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NOME ESKIMO COMMUNITY v. BABBITT

No. 94-35668.

67 F.3d 813 (1995)

NOME ESKIMO COMMUNITY; Native Village of Solomon; King Island Native Community, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Interior, and the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1995.

Attorney(s) appearing for the Case

Joseph D. Johnson, Alaska Legal Services Corporation, Anchorage, Alaska, and Lawrence A. Aschenbrenner, Native American Rights Fund, Anchorage, Alaska, for plaintiffs-appellants.

David C. Shilton, Assistant Attorney General, United States Department of Justice, Washington, DC, for defendants-appellees.

Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

The district court properly dismissed this case because it was and is moot.

I. FACTS

This case arises from an attempt by the Department of Interior to facilitate gold dredging on the floor of Norton Sound, the protrusion from the Bering Sea near Nome, Alaska. The seabed is called the "outer continental shelf." The outer continental shelf is certain land on the bed of the sea more than three miles seaward from the...

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