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MALABED v. NORTH SLOPE BOROUGH

Nos. 99-35684, 99-35750, 99-35773.

335 F.3d 864 (2003)

Robert MALABED, Plaintiff-Appellee, v. NORTH SLOPE BOROUGH, Defendant-Appellant. Morris David Welch, Plaintiff-Appellee, v. North Slope Borough, Defendant-Appellant. Charles Michael Emerson, Plaintiff-Appellee, v. North Slope Borough, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certified July 28, 2000.

Submission Vacated March 27, 2001.

Certified Question Decided May 16, 2003.

Resubmitted June 19, 2003.

Filed July 8, 2003.

Attorney(s) appearing for the Case

David C. Crosby, Wickwire, Greene, Crosby, Brewer & Seward, Juneau, AK, for defendant-appellant.

William B. Schendel, Schendel & Callahan, Fairbanks, AK; Kenneth L. Covell, Law Offices of Kenneth L. Covell, Fairbanks, AK, for plaintiffs-appellees.

Robert J. Gregory, Senior Attorney, Equal Employment Opportunity Commission, Washington, D.C., for amicus curiae Equal Employment Opportunity Commission.

David S. Case, Copeland, Landye, Bennett and Wolf, LLP, Anchorage, AK, for amicus curiae Alaska Federation of Natives.

Before BROWNING, B. FLETCHER, and GOULD, Circuit Judges.

Certified to Alaska Supreme Court July 28, 2000.

Certified Question Decided by Alaska Supreme Court May 16, 2003.

OPINION

GOULD, Circuit Judge.

The North Slope Borough appeals the order of the district court enjoining it from enforcing a local ordinance that gives a preference in Borough employment to members of federally recognized Indian tribes. We certified a question to the Alaska Supreme Court asking whether the North Slope Borough ordinance...

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