96 Cal. Daily Op. Serv. 274, 96 Daily Journal D.A.R. 3190, 96 Daily Journal D.A.R. 419 State of Alaska v. Bruce Babbitt, Secretary of the Interior United States of America Evelyn Foster

75 F.3d 449 96 Cal. Daily Op. Serv. 274 , 96 Daily Journal D.A.R. 3190, 96 Daily Journal D.A.R. 419 STATE of Alaska, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; United States of America; Evelyn Foster, Defendants-Appellees. No. 94-35677. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1995. Decided Oct. 5, 1995. Amended Opinion Filed Jan. 11, 1996. Further Amended on Denial of Rehearing and Suggestion for Rehearing En Banc March 19, 1996. E. John Athens, Jr., Assistant Attorney General and Paul R. Lyle, Assistant Attorney General, Fairbanks, Alaska, for appellant. Jeffrey P. Kehne, U.S. Department of Justice, Washington, DC, and Marilyn J. Twitchell, Alaska Legal Services Corporation, Anchorage, Alaska, for appellees. Appeal from the United States District Court for the District of Alaska. Before: HALL, WIGGINS and KLEINFELD, Circuit Judges. ORDER 1 The panel as constituted in the above case has voted to deny appellant's petition for rehearing and to reject the suggestion for a rehearing en banc filed on November 17, 1995. 2 The full court has been advised of the suggestion for en banc rehearing and no judge of the court has…