FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

COUNTY OF LEWIS; DON FORTNEY;

THOMAS F. MYERS,

Plaintiffs-Appellees,

v. No. 94-35979

JOHN D. ALLEN,

D.C. No. Defendant,

CV-93-00382-HLR

and

ORDER

NEZ PERCE TRIBE; NEZ PERCE TRIBAL COURT; JUDGES OF THE NEZ PERCE TRIBAL COURT, Defendants-Appellants.

Filed July 31, 1998 Before: Procter Hug, Jr., Chief Judge.

ORDER Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The threejudge panel opinion, County of Lewis v. Allen and Nez Perce Tribe, No. 94-35979, slip op. 3727 (9th Cir. April 23, 1998, amended May 5, 1998 and July 24, 1998), is withdrawn.