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MILLER v. MALLERY

Civ. No. 73-609.

410 F.Supp. 1283 (1976)

Joseph L. MILLER, Jr., et al., Plaintiffs, v. Wright MALLERY et al., Defendants.

United States District Court, D. Oregon.

March 5, 1976.

Attorney(s) appearing for the Case

Charles J. Merten, Portland, Or., for plaintiffs.

Jack G. Collins, Portland, Or., for federal defendants.

OPINION

BURNS, District Judge.

Plaintiffs filed this class action to challenge Forest Service practices in the Bull Run Watershed area. Five claims were made: 1) breach of the public trust; 2) Bull Run Trespass Act, 18 U.S.C. § 1862; 3) Organic Act, 16 U.S.C. § 476; 4) National Environmental Policy Act, 42 U.S.C. § 4321; 5) Multiple-Use Sustained-Yield Act, 16 U.S.C. § 528. Jurisdiction is claimed under 28 U.S.C. §§ 1331, 1337...

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