James R. SMITH, Plaintiff-Appellant, v. SALISH KOOTENAI COLLEGE; Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Defendants-Appellees, 407 F.3d 1267

ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this ease be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.