The Lands Council, et al v. McNair, et al

Filing 920080116


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT THE LANDS COUNCIL; WILD WEST INSTITUTE, Plaintiffs-Appellants, v. RANOTTA MCNAIR, Forest Supervisor for the Idaho Panhandle National Forests; UNITED STATES FOREST SERVICE, Defendants-Appellees, BOUNDARY COUNTY; CITY OF BONNERS FERRY; CITY OF MOYIE SPRINGS; EVERHART LOGGING, INC.; REGEHR LOGGING, INC., Defendants-IntervenorsAppellees. No. 07-35000 D.C. No. CV-06-00425-EJL District of Idaho, Boise ORDER Filed January 16, 2008 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 881 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson/West.

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