JOHN v. U.S.

No. 00-35121.

247 F.3d 1032 (2001)

Katie JOHN; Doris Charles; Mentasta Village Council; Alaska Federation of Natives, Plaintiffs-Appellees, v. UNITED STATES of America; Gale A. Norton, in her official capacity as Secretary of Interior; Ann M. Veneman, in her official capacity as Secretary of Agriculture; and Daniel Demientieff, Niles Cesar, Fran Cherry, Robert Barbee, Dave Allen, and Rick Cables, in their capacities as members of the Federal Subsistence Board, Defendants-Appellees, and State of Alaska and Frank Rue, in his capacity as Commissioner of the Alaska Department of Fish and Game, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2001


Attorney(s) appearing for the Case

Joanne M. Grace, Assistant Attorney General, State of Alaska, Anchorage, Alaska, for the defendants-appellants.

Heather Kendall Miller, Anchorage, Alaska and William E. Caldwell, Fairbanks, Alaska, for the plaintiffs-appellees.

Elizabeth Ann Peterson, Department of Justice, Washington, D.C., for the defendants-appellees.

Rebecca S. Copeland, Koval & Featherly, P.C., Anchorage, Alaska, Steven W. Strack, Deputy Attorney General, Boise, Idaho, Robert S. Pelcyger, Fredericks, Pelcyger & Hester, LLC, Louisville, Colorado, William Perry Pendley, Mountain States Legal Foundation, Denver, Colorado, Howard E. Shapiro, Washington, DC, David S. Case, P.C., Anchorage, Robert C. Erwin and Robert C. Erwin, Erwin & Erwin, Anchorage, Alaska, Paul A. Lenzini, Alexandria, Virginia, and Jerome C. Muys, Washington, DC, for the amici curiae.


Initial En Banc Hearing Argued and Submitted December 20, 2000 — San Francisco, California

PER CURIAM:

Before this en banc court are the district court's opinion and judgment entered pursuant to our court's mandate in Alaska v. Babbitt, 72 F.3d 698 (9th Cir.1995) (en banc rehearing denied Aug. 8, 1995), cert. denied, 516 U.S. 1036, 116 S.Ct. 690, 133 L.Ed.2d 594 (1996), 517 U.S. 1187, 116 S.Ct. 1672, 134...

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