No. 03-35306.

407 F.3d 1267 (2005)

James R. SMITH, Plaintiff-Appellant, v. SALISH KOOTENAI COLLEGE; Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 13, 2005.

Attorney(s) appearing for the Case

Rex Palmer, Missoula, MT, for Plaintiff-Appellant.

Robert J. Phillips, Fred Simpson, Phillips & Bohyer, P.C., Missoula, MT, Ranald McDonald, John Harrison, Confederated Salish & Kootenai Tribes Legal Department, Pablo, MT, for Defendants-Appellees.

Before SCHROEDER, Chief Judge.


Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the...

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