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WILLIAMS v. BABBITT

No. 95-35607.

115 F.3d 657 (1997)

Thomas E. WILLIAMS; Alaska Reindeer, Inc.; Reindeer Herders Association, Inc., Plaintiffs-Appellants, v. Bruce BABBITT, in his capacity as the United States Secretary of the Interior; Cesar Niles, in his capacity as Juneau Area Director of the United States Bureau of Indian Affairs, Defendants-Appellees, Kawerak Reindeer Herders Assoc., Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1997.

Attorney(s) appearing for the Case

Walter T. Featherly, Koval & Featherly, P.C., Anchorage, AK, for plaintiffs-appellants.

Edward J. Shawaker, Sylvia F. Liu, Judith Rabinowitz, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, for defendants-appellees.

Eric Smith, Anchorage, AK, for defendant-intervenor-appellee.

Michael R. Doyen, Munger, Tolles & Olson, Los Angeles, CA, for Alaska Federation of Natives, Chugach Alaska Corp. and Cook Inlet Region, Inc., Amicus Curiae.

Before: GOODWIN, BRUNETTI and KOZINSKI, Circuit Judges.

OPINION

KOZINSKI, Circuit Judge.

We must decide whether the Reindeer Industry Act of 1937, 25 U.S.C. §§ 500 et seq., prohibits reindeer herding by non-natives in Alaska.

I

Contrary to popular belief, reindeer are neither native to Alaska nor part of the Alaskan native way of life. Around the turn of the century, white settlers had just about exhausted the natural food supply...

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