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PARKER v. UNITED STATES

Civ. A. No. C-1368.

309 F.Supp. 593 (1970)

Robert W. PARKER et al., Plaintiffs, v. UNITED STATES of America, Clifford Hardin, individually and as Secretary of Agriculture of the United States, Edward P. Cliff, individually and as Chief, United States Forest Service, David S. Nordwall, individually and as Regional Forester, James O. Folkestad, individually and as Supervisor, White River National Forest, United States Department of Agriculture and Kaibab Industries, an Arizona Corporation, Defendants.

United States District Court, D. Colorado.

February 27, 1970.

Attorney(s) appearing for the Case

H. Anthony Ruckel, Richard D. Lamm, Tom W. Lamm, William A. Hillhouse, II, Roger P. Hansen, James R. Wade, Denver, Colo., Lawrence B. Robinson, Donald M. Carmichael, Associate Professor of Law, Boulder, Colo., for plaintiffs.

Dawson, Nagel, Sherman & Howard, by W. David Pantle, Denver, Colo., by special appearance for plaintiff Colorado Magazine, Inc.

James L. Treece, U. S. Atty., James R. Richards, Asst. U. S. Atty., Denver, Colo., by Nelson H. Grubbe, Atty., U. S. Dept. of Justice, Washington, D. C., for defendants.

Holme Roberts & Owen, by Donald C. McKinlay, Denver, Colo., Jennings, Strouss, Salmon & Trask, by Thomas J. Trimble, Phoenix, Ariz., for defendant Kaibab Industries.

John H. Tippit, Denver, Colo., Davies, Biggs, Strayer, Stoel & Boley, by James P. Rogers, Portland, Or., for intervenor Western Wood Products Association.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

This is a suit in which the plaintiffs seek to enjoin the defendants Secretary of Agriculture and the United States Forest Service from selling to the defendant Kaibab Industries 4.3 million board feet of Englemann Spruce, Lodgepole Pine and fir, which the defendant Kaibab proposes to cut and purchase from the United States. The sale area is in East Meadow Creek, which is part of the White River...

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