Native Village Of Noatak v. Hoffman

896 F.2d 1157 NATIVE VILLAGE OF NOATAK; Circle Village, Plaintiffs-Appellants, and Native Village of Akiachak, Plaintiff, v. David HOFFMAN, as Commissioner, Department of Community and Regional Affairs, State of Alaska, Defendant-Appellee. Nos. 87-4310, 87-4374. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 3, 1988. Decided Feb. 12, 1990. Lawrence A. Aschenbrenner and Robert T. Anderson, Anchorage, Alaska, for plaintiffs-appellants. Gary I. Amendola and Douglas K. Mertz, Asst. Attys. Gen., Juneau, Alaska, for defendant-appellee Hoffman. Appeal from the United States District Court for the District of Alaska. Before KOZINSKI, NOONAN and THOMPSON, Circuit Judges. ORDER The opinion filed March 30, 1989 is hereby withdrawn. The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. General Order 5.4(b) now applies. OPINION NOONAN, Circuit Judge: 1 The Native Village of Noatak, the Native Village of Akiachak and Circle Village brought this action against the Commissioner of the Department of Community and Regional Affairs of the State of Alaska (the Commissioner). The district court dismissed the case for want…