Big Lagoon Rancheria v. State of California

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Filed Order for PUBLICATION 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 Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Owens and Friedland did not participate in the deliberations or vote in this case. [9128948] [10-17803, 10-17878]

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Case: 10-17803 06/11/2014 ID: 9128948 DktEntry: 80 Page: 1 of 1 FILED JUN 11 2014 FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BIG LAGOON RANCHERIA, a federally recognized Indian tribe, Plaintiff - Appellee - Cross- Nos. 10-17803 10-17878 D.C. No. 4:09-cv-01471-CW Appellant, ORDER v. STATE OF CALIFORNIA, Defendant - Appellant Cross-Appellee. 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 Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Owens and Friedland did not participate in the deliberations or vote in this case.

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