SHULTZ v. DEPARTMENT OF ARMY

Nos. 92-35197, 92-35580.

96 F.3d 1222 (1996)

Paul G. SHULTZ, Plaintiff-Appellant, v. DEPARTMENT OF ARMY, United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 1993.

Reargued December 15, 1994.

Withdrawn from Submission March 15, 1995.

Resubmitted September 12, 1996.

Opinion Withdrawn September 20, 1996.

Decided September 20, 1996.


Attorney(s) appearing for the Case

Joseph W. Sheehan, Fairbanks, Alaska, for plaintiff-appellant.

William B. Lazarus, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for defendant-appellee.

Sheri L. Hazeltine, Fairbanks, Alaska, for Amicus, the Tanana Chiefs Conference, Inc.

Robin L. Rivett, Pacific Legal Foundation, Sacramento, California, for Amicus, Pacific Legal Foundation, Resource Development Council for Alaska, and Alaska Miners Association.

Cheri C. Jacobus, Assistant Attorney General, Anchorage, Alaska, for Amicus, State of Alaska.

Steven F. Alder, Assistant Attorney General, Salt Lake City, Utah, for Amicus, the State of Utah and the Utah Association of Counties.

Eric P. Jorgensen, Sierra Club Legal Defense Fund, Inc., Juneau, Alaska, for Amici National Parks and Conservation Association, The Wilderness Society, The Audubon Society, Southern Utah Wilderness Alliance, Sierra Club and Northern Alaska Environmental Center.

Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges.


Per Curiam Opinion; Dissent by Judge ALARCON.

ORDER

The opinion dated November 30, 1993 is withdrawn.

OPINION

PER CURIAM:

The government's petition for rehearing is granted, the opinion of November 30, 1993 at 10 F.3d 649 is withdrawn, and the following opinion is substituted in its place.

Paul G. Shultz appeals the district court's judgment in favor of the government in his quiet title...

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