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TAHOE-SIERRA PRESERVATION v. TAHOE REGIONAL

Nos. 99-15641, 99-15771.

228 F.3d 998 (2000)

TAHOE-SIERRA PRESERVATION COUNCIL, INC.; Richard A. Allison; Alpine Investment Company, Ltd.; AMCO, Inc.; Jeffrey B. Andersen; Beth C. Andersen; Peter J. Andersen; Janet I. Andersen; Donald F. Archibald; Jean L. Atherton; David E. Baker; Maxine A. Baker; John H. Baker; Pierino C. Barengo, et al., Plaintiff-Appellee-Cross-Appellant, v. TAHOE REGIONAL PLANNING AGENCY, a separate legal entity created pursuant to an interstate compact between the States of California and Nevada; the voting members of the governing body of the Tahoe Regional Planning Agency including Tony Clark, Chester A. Gibbs, Alexander Haagen, III, Stan Hansen, Thomas Hsieh, James King, Robert Pruett, James S. Reed, Larry Sevinson, Thomas Stewart, William D. Swackhamer, Peggy Twedt, Ronald D. Westergard and Norman C. Woods; State of California; State of Nevada, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2000.

ORDER

Judges Politz, Reinhardt, and Hawkins voted to deny the petition for rehearing. Judges Reinhardt and Hawkins voted to deny the petition for rehearing en banc and Judge Politz recommended denial of the petition for rehearing en banc.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f).

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