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AT & T CORP. v. COEUR D'ALENE TRIBE

No. 99-35088.

295 F.3d 899 (2002)

AT & T CORPORATION, Plaintiff-Appellee, v. COEUR D'ALENE TRIBE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 19, 2002.

Amended July 17, 2002.

Attorney(s) appearing for the Case

Raymond Givens, Coeur d'Alene, ID, for the defendant-appellant.

Howard Spierer, Basking Ridge, NJ, for the plaintiff-appellee.

Alan I. Gilbert, St. Paul, MN (States), and Corbin Weiss, Washington, DC (USA), for the amici curiae.

Before: BROWNING, B. FLETCHER and GOULD, Circuit Judges.

Opinion by Judge B. FLETCHER; Partial Concurrence and Partial Dissent by Judge GOULD.

ORDER

The opinion of this court filed March 19, 2002, 283 F.3d 1156, slip op. at 4411, is amended as follows:

On page 4421 [283 F.3d at 1161] of the slip opinion, in the first full paragraph, delete the sentence beginning "This is no less true ..." and the accompanying citations to El Paso Natural Gas Co. v.

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