Smith v. Salish Kootnai College

FILED

FOR PUBLICATION MAY 13 2005

CATHY A. CATTERSON, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES R. SMITH, No. 03-35306

Plaintiff - Appellant, D.C. No. CV-02-00055-LBE

v.

ORDER

SALISH KOOTENAI COLL; COURT OF

APPEALS OF THE CONFEDERATED

SALISH AND KOOTENAI TRIBES OF

THE FLATHEAD RESERVATION,

Defendants - Appellees.

Before: SCHROEDER, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this

court, it is ordered that this case be reheard by the en banc court pursuant to

Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent

by or to this court or any district court of the Ninth Circuit, except to the extent

adopted by the en banc court.