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MEANS v. NAVAJO NATION

No. 01-17489.

432 F.3d 924 (2005)

Russell MEANS, Petitioner-Appellant, v. NAVAJO NATION, a federally recognized Indian Tribe; Ray Gilmore, Judge of the Judicial District of Chinle, Navajo Nation, Arizona; Robert Yazzie, Chief Justice of the Navajo Nation, Respondents-Appellees, and United States of America, Respondent-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission withdrawn November 19, 2003.

Resubmitted January 28, 2005.

Filed December 13, 2005.

Attorney(s) appearing for the Case

John Trebon, Trebon & Fine, P.C., Flagstaff, AZ, for the appellant.

Donovan D. Brown, Sr., Acting Deputy Assistant Attorney General, Navajo Nation Office of the Attorney General, Window Rock, AZ, for the appellees.

Thomas L. Sansonetti (briefed), Assistant Attorney General, U.S. Department of Justice, Env. & Nat. Resources Division, Washington, DC, for the intervenor.

Jon Metropoulos (briefed), Gough, Shanahan, Johnson & Waterman, Helena, MT, for amicus curiae Thomas Lee Morris and Elizabeth S. Morris.

Before KLEINFELD, RAWLINSON, Circuit Judges, and QUACKENBUSH, District Judge.

ORDER

The opinion filed August 23, 2005, and appearing at 420 F.3d 1037 (9th Cir.2005), is withdrawn. Pursuant to General Order 5.3.a, an opinion is filed contemporaneously with this order. With the withdrawal and substitution of the opinion, the petitions for rehearing and rehearing en banc are denied as moot. Subsequent petitions for rehearing and rehearing en banc may be filed. Federal Rule of Appellate Procedure 40 now controls...

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