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NESS INVEST. CORP. v. UNITED STATES DEPT. OF AGR., FOR. SERV.

No. CIV. 72-229-PHX-WCF.

360 F.Supp. 127 (1973)

NESS INVESTMENT CORPORATION and Canyon Lake Resort, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, Fred Wirth, Forest Supervisor, Defendant.

United States District Court, D. Arizona, Phoenix Division.

March 26, 1973.

Attorney(s) appearing for the Case

John C. Hughes (argued), of Hughes, Hughes & Conlan, Phoenix, Ariz., for plaintiffs.

William C. Smitherman, U. S. Atty., Joseph Raymond Keilp (argued), Asst. U. S. Atty., Phoenix, Ariz., for defendant.

ORDER

FREY, District Judge.

The Government, in this matter, filed a motion entitled Defendant's Motion to Dismiss Plaintiffs' Supplemental Complaint, which seeks dismissal of the complaint upon jurisdictional grounds. The Government argues that the Court has no jurisdiction to review a decision of the Forest Service concerning the issuance of a special use permit.

There are several legal issues raised by the complaint and the factual circumstances...

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