Shoshone-Bannock Tribes of the Fort Hall Reservation v. Secretary, Department of Health & Human Services
Opinion
Lead Opinion
Kleinfeld, J.
ORDER
The Opinion filed on October 16, 2001, is amended as follows:
At page 14687 [ 269 F.3d 948 , 956], lines 25-26, replace the sentence “There is no occasion, in this case, for application of the rule interpreting ambiguities in favor of the Indians.” with “We need not decide whether the canon of construction for construing ambiguities in favor of Indians would apply in this case.”
At page 14687 [269 F.3d at 955], lines 26-27, delete “For one thing,” and begin the sentence with “The phrase.”
At page 14687 [269 F.3d at 955], line 29, to page 14688 [269 F.3d at 955], line 2, delete the text beginning with “We also agree” and ending with “not a treaty.” Also, delete the accompanying footnotes, 31 and 32.
The panel has voted unanimously to deny the petition for rehearing. Judges Kozinski and Kleinfeld have voted to deny the petition for rehearing en banc, and Judge Schwarzer has recommended the same.
The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b).
*663 The petition for rehearing and petition for rehearing en banc is DENIED.