ROSS-SIMMONS HARDWD V WEYERHAIUSER

Filing 920070410

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON; SMOKEY POINT HARDWOOD, INC., Plaintiffs, and ROSS-SIMMONS HARDWOOD LUMBER COMPANY, INC., Plaintiff-Appellee, v. WEYERHAEUSER COMPANY, Defendant-Appellant.

Nos. 03-35669 03-35984 D.C. No. CV-00-01693-OMP ORDER

On Remand From The United States Supreme Court Filed April 11, 2007 Before: Thomas G. Nelson and Johnnie B. Rawlinson, Circuit Judges, and William W Schwarzer,* Senior District Judge.

COUNSEL Stephen V. Bomse, M. Laurence Popofsky and Heather N. Leal, Heller Ehrman White & McAuliffe LLP, San Francisco, California, for the appellant. Michael E. Haglund, Haglund, Kelley, Horngren & Jones,
*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

4067

4068

ROSS-SIMMONS HARDWOOD v. WEYERHAEUSER CO.

LLP, and Roy Pulvers, Lindsay, Hart, Neil & Weigler, LLP, Portland, Oregon, for the appellee.

ORDER The judgment of the district court is vacated and the case is remanded to the district court for further proceedings consistent with the decision of the Supreme Court of the United States in Weyerhaeuser Co. v. Ross-Simmons, 127 S.Ct. 1069 (2007). In fulfilling this mandate, the district court may hold such hearings and enter such orders as it deems appropriate. IT IS SO ORDERED.

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