USA v. State of Washington, et al, No. 08-35794 (9th Cir. 2009)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STATE OF WASHINGTON; SWINOMISH INDIAN TRIBAL COMMUNITY; LUMMI NATION; UPPER SKAGIT INDIAN TRIBE; CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION; TULALIP TRIBES; PORT GAMBLE S KLALLAM INDIAN TRIBE; JAMESTOWN S KLALLAM INDIAN TRIBE, Defendants-Appellees, v. SAMISH INDIAN TRIBE, Movant-Appellant. ï£¼ No. 08-35794 ï£½ D.C. Nos. 2:01-sp-00002-RSM 2:70-cv-09213-RSM ORDER ï£¾ Filed August 19, 2009 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be heard en banc pursuant to Circuit Rule 35-3. 11785 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.

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