Joseph Pakootas v. Teck Cominco Metals, Ltd.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH A. PAKOOTAS, an individual  and enrolled member of the Confederated Tribes of the Colville Reservation and DONALD R. MICHEL, an individual and enrolled member of the Confederated Tribes of the Coville Reservation, No. 08-35951 Plaintiffs-Appellants, D.C. No. STATE OF WASHINGTON, Petitioner-Intervenor-Appellant,  2:04-cv-00256-LRS Eastern District of and Washington, Spokane CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, Plaintiff, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellee.  8893 8894 PAKOOTAS v. TECK COMINCO METALS JOSEPH A. PAKOOTAS, an individual  and enrolled member of the Confederated Tribes of the Colville Reservation; DONALD R. MICHEL, an individual and enrolled member of the Confederated No. 10-35045 Tribes of the Coville Reservation; D.C. No. CONFEDERATED TRIBES OF THE 2:04-cv-00256-LRS COLVILLE RESERVATION,  Eastern District of Plaintiffs-Appellees, Washington, STATE OF WASHINGTON, Spokane Plaintiff-Intervenor-Appellee, ORDER v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellant.  Filed July 1, 2011 Before: Arthur L. Alarcón, Andrew J. Kleinfeld, and Richard R. Clifton, Circuit Judges. ORDER The opinion filed on June 1, 2011 is amended to include only No. 08-35951 on the caption. Pakootas v. Teck Cominco Metals, No. 10-35045 should be removed from the caption. The amended opinion is filed concurrently with this order. No petitions for rehearing or petitions for rehearing en banc will be entertained.