McNair

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THE LANDS COUNCIL; WILD WEST 

INSTITUTE,

Plaintiffs-Appellants, v. RANOTTA MCNAIR, Forest No. 07-35000 Supervisor for the Idaho D.C. No. Panhandle National Forests;

UNITED STATES FOREST SERVICE,  CV-06-00425-EJL

District of Idaho, Defendants-Appellees, Boise

BOUNDARY COUNTY; CITY OF ORDER

BONNERS FERRY; CITY OF MOYIE

SPRINGS; EVERHART LOGGING, INC.;

REGEHR LOGGING, INC.,

Defendants-Intervenors- Appellees.  Filed January 16, 2008

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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