United States v. State Of Arizona

216 F.2d 248 UNITED STATES of America, Appellant, v. STATE of ARIZONA, a public body, Major General A. M. Tuthill, the Adjutant General, constituting the Arizona National Guard, and Thomas L. Kimball, Director, and Dr. W. J. Richards, Fred Faver and Jack Mantle, members of and constituting the Arizona Game and Fish Commission, Appellees. No. 13722. United States Court of Appeals Ninth Circuit. Oct. 18, 1954. Warren E. Burger, Asst. Atty. Gen., Washington, D.C., Jack D. H. Hays, U.S. Atty., Phoenix, Arizona, Paul A. Sweeney, Morton Hollander, Attys., Dept. of Justice, Washington, D.C., for appellant. Ross F. Jones, Atty. Gen. of Arizona, Irwin Cantor, Robert C. Stubbs and R. Dean Burch, Assts. to the Atty. Gen., Phoenix, Arizona, for appellee. Before DENMAN, Chief Judge, and LEMMON and CHAMBERS, Circuit Judges. CHAMBERS, Circuit Judge. 1 Reference is made to the opinion filed in the above entitled cause on June 30, 1954, 214 F.2d 389 . 2 The government petitions for a rehearing. It claims that this court has turned its back on its own case of Gilman v. United States, 9 Cir., 206 F.2d 846 , which was affirmed, 347 U.S. 507 , 74 S.Ct. 695 . 3 In the Gilman case, the United States had…