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THE CONFEDERATED SALISH v. U.S. EX REL. NORTON

No. 02-35491.

343 F.3d 1193 (2003)

The CONFEDERATED SALISH AND KOOTENAI TRIBES, Plaintiff-Appellant, v. The UNITED STATES, Acting By and Through the Secretary of the Department of Interior, Gale NORTON; Bureau of Indians Affairs, U.S. Department of Interior, Stanley Speaks, Northwest Regional Director, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2003.

Attorney(s) appearing for the Case

John B. Carter, Confederated Salish and Kootenai Tribes, Tribal Legal Department, Pablo, Montana, for the plaintiff-appellant.

William W. Mercer, Office of the United States Attorney, Billings, Montana, for the defendants-appellees.

Before: James R. BROWNING, Arthur L. ALARCÓN, and Richard R. CLIFTON, Circuit Judges.

Argued and Submitted August 6, 2003 — Seattle, Washington.

Opinion by Judge ALARCÓN; Concurrence by Judge JAMES R. BROWNING.

OPINION

ALARCÓN, Senior Circuit Judge.

The Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation (the "Tribes") appeal from the order granting summary judgment in favor of Secretary of the Interior, Gale Norton (the "Secretary"). The Tribes sought a declaration that, upon the Tribes...

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