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(Cite as: 2005 WL 3525598 (C.A.9 (Mont.))

This case was not selected for publication in the Federal Reporter.Please look at the applicable circuit court rule before citing this opinion. (CTA9 Rule 36-3.)

United States Court of Appeals,Ninth Circuit.

Thomas Lee MORRIS, a minor child; Elizabeth S. Morris; Roland J. Morris, Sr., his guardians and natural parents, Plaintiffs-Appellants,


TANNER, Judge, Judge of the Confederated Salish and Kootnnai Indian Tribal Court for the Flathead Reservation, Defendant-Appellee,

United States of America, Defendant-intervenor-Appellee.

No. 03-35922.

DC No. CV 99-0082-DWM.

Dec. 22, 2005.

Jon Metropoulos, Esq., Gough, Shanahan, Johnson & Waterman, Helena, MT, for Plaintiffs-Appellants.

Joseph P. Hovenkotter, Esq., Confederated Salish & Kootenai Tribes, Legal Department, Pablo, MT, for Defendant-Appellee.

Lorraine D. Gallinger, Esq., Office of the U.S. Attorney, Billings, MT, R. Justin Smith, Esq., Environment & Natural Resources Division U.S. Department of Justice, Washington, DC, Judith Rabinowitz, Esq., U.S. Department of Justice, San Francisco, CA, for Defendant-Intervenor-Appellee.

Before FERNANDEZ, TASHIMA, and GOULD, Circuit Judges.


*1 The Memorandum filed August 25, 2005, and appearing at 141 Fed. Appx. 696, is withdrawn and replaced by the Amended Memorandum filed concurrently with this order.

With the filing of the Amended Memorandum, the panel has voted to deny the petition for panel rehearing. Judge Gould votes to deny the petition for rehearing en banc and Judges Fernandez and Tashima so recommend. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on en banc rehearing. See Fed. R.App. P. 35(f).

The petition for panel rehearing and the petition for rehearing en banc are denied. No further petitions for rehearing or rehearing en banc will be entertained.