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U.S. v. WASHINGTON

No. 08-35794.

593 F.3d 790 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. State of WASHINGTON; Swinomish Tribal Community; Lummi Nation; Upper Skagit Indian Tribe; The Tulalip Tribes; Port Gamble S'Klallam Tribe; Jamestown S'Klallam Tribe; Confederated Tribes and Bands of the Yakama Indian Nation, Defendants-Appellees, v. Samish Indian Tribe, Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2009.

Amended January 27, 2010.

Attorney(s) appearing for the Case

Elizabeth Ann Peterson, Attorney, Department of Justice, Washington, D.C., for the plaintiff-appellee.

Mason D. Morisset, Morisset, Schlosser, Jozwiak & McGaw, Seattle, WA; James M. Jannetta, Swinomish Indian Tribal Community, La Conner, WA; Harold Chesnin, Office of the Tribal Attorney Upper Skagit Indian Tribe, Sedro Woolley, WA, for defendant-appellee Treaty Tribes.

Craig J. Dorsay, Dorsay & Easton, LLP, Portland, Organ, for the movant-appellant.

Alexandra K. Smith, Lane Powell, PC, Seattle, WA, for the amicus curiae.

Before: ALEX KOZINSKI, Chief Judge, MARY M. SCHROEDER, WILLIAM C. CANBY, JR., STEPHEN REINHARDT, ANDREW J. KLEINFELD, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

The opposed motion of the Samish Indian Tribe for clarification of the opinion filed in this matter on December 11, 2009, is DENIED.

* * * *

The opinion filed in this matter on December 11, 2009, slip op. 16399, is amended as follows:

At slip op. 16410, first full paragraph, line 4: Insert ", according to Greene III," after "Samish Tribe's history which."

At slip op. 16410, first full paragraph, line 7: Delete "id...

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