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PAKOOTAS v. TECK COMINCO METALS, LTD.

No. CV-04-256-LRS.

632 F.Supp.2d 1029 (2009)

Joseph A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; and Donald L. Michel, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; and the Confederated Tribes of the Colville Reservation, Plaintiffs, and State of Washington, Plaintiff-Intervenor, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant.

United States District Court, E.D. Washington.

June 19, 2009.

Attorney(s) appearing for the Case

Leslie C. Clark, Paul J. Dayton, Richard Allan Dubey, Short Cressman and Burgess PLLC, Seattle, WA, Jill J. Smith, Office of the Reservation Attorney, Colville Confederated Tribes, Nespelem, WA, for Plaintiffs.

Christa L. Thompson, Elliott S. Furst, Kristie E. Carevich, Michael L. Dunning, Attorney General of Washington, Olympia, WA, for Plaintiff-Intervenor.

Christopher J. McNevin, Mark E. Elliott, Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA, Eugene I. Annis, Lukins & Annis PS, Spokane, WA, Gerald F. George, Pillsbury Winthrop Shaw Pittman LLP, Oakland, CA, R. Jack Reynolds, Thomas A. Campbell, Pillsbury Winthrop Shaw Pittman LLP, Houston, TX, for Defendant.

ORDER GRANTING PLAINTIFF'S 12(b)(6) MOTION TO DISMISS, INTER ALIA

LONNY R. SUKO, District Judge.

BEFORE THE COURT are the Plaintiff's Fed.R.Civ.P. 12(b)(6) Motion To Dismiss Defendant's Counterclaims (Ct. Rec. 262), and Plaintiff's Request For Judicial Notice In Support Of Its 12(b)(6) Motion (Ct. Rec. 265).

Oral argument was heard on June 4, 2009. Paul J. Dayton, Esq., argued on behalf of Plaintiff Confederated Tribes Of The...

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