The Crow Tribe of Indians, and United States of America, Plaintiff-Intervenor v. State of Montana, Director, Ken Nordtvedt County of Big Horn Treasurer, Big Horn County, Martha Fletcher, the Crow Tribe of Indians, and United States of America, Plaintiff-Intervenor-Appellant v. State of Montana, Director, Ken Nordtvedt County of Big Horn Treasurer, Big Horn County, Martha Fletcher

98 F.3d 1194 The CROW TRIBE OF INDIANS, Plaintiff-Appellant, and United States of America, Plaintiff-Intervenor, v. STATE OF MONTANA, Director, Ken Nordtvedt; County of Big Horn; Treasurer, Big Horn County, Martha Fletcher, Defendants-Appellees. The CROW TRIBE OF INDIANS, Plaintiff, and United States of America, Plaintiff-Intervenor-Appellant, v. STATE OF MONTANA, Director, Ken Nordtvedt; County of Big Horn; Treasurer, Big Horn County, Martha Fletcher, Defendants-Appellees. Nos. 95-35093, 95-35096. United States Court of Appeals, Ninth Circuit. Oct. 29, 1996. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. ORDER 1 The motion to recall the mandate is granted. 2 The petition for rehearing received on September 18, 1996, is accepted for filing. 3 The opinion, 92 F.3d 826 , is amended by adding to the end of footnote 2: 4 Montana also argues in its petition for rehearing that this case presents a weaker case for quasi-contractual relief than California, where restitution was denied, because the Tribe did not transfer any resources to the State. But California involved an entirely different factual situation: a claim of restitution by the Government where the Government had…