Joseph Pakootas, et al v. Teck Cominco Metals, Ltd., No. 08-35951 (9th Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on June 1, 2011.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation and DONALD R. MICHEL, an individual and enrolled member of the Confederated Tribes of the Coville Reservation, Plaintiffs-Appellants, STATE OF WASHINGTON, Petitioner-Intervenor-Appellant, and CONFEDERATED TRIBES OF COLVILLE RESERVATION,   THE Plaintiff, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellee. 8893  No. 08-35951 D.C. No. 2:04-cv-00256-LRS Eastern District of Washington, Spokane 8894 PAKOOTAS v. TECK COMINCO METALS JOSEPH A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; DONALD R. MICHEL, an individual and enrolled member of the Confederated Tribes of the Coville Reservation; CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, Plaintiffs-Appellees, STATE OF WASHINGTON, Plaintiff-Intervenor-Appellee, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellant.   No. 10-35045 D.C. No. 2:04-cv-00256-LRS Eastern District of Washington, Spokane ORDER  Filed July 1, 2011 Before: Arthur L. Alarcón, Andrew J. Kleinfeld, and Richard R. Clifton, Circuit Judges. ORDER The opinion filed on June 1, 2011 is amended to include only No. 08-35951 on the caption. Pakootas v. Teck Cominco Metals, No. 10-35045 should be removed from the caption. The amended opinion is filed concurrently with this order. No petitions for rehearing or petitions for rehearing en banc will be entertained.

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