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PERKINS v. BERGLAND

Nos. Civ. 78-131 Pct. WPC, Civ. 78-132 Pct. WPC.

455 F.Supp. 937 (1978)

David G. PERKINS, Plaintiff, v. Bob BERGLAND, Secretary of Agriculture, United States Department of Agriculture, et al., Defendants. Thomas Y. PERKINS, Plaintiff, v. Bob BERGLAND, Secretary of Agriculture, United States Department of Agriculture, et al., Defendants.

United States District Court, D. Arizona.

July 31, 1978.

Attorney(s) appearing for the Case

William P. Mahoney, Jr., Phoenix, Ariz., for plaintiff David G. Perkins.

Michael A. Johns, Asst. U. S. Atty., Phoenix, Ariz., for defendants.

Mitchel D. Platt, of Platt & Hall, P. C., St. Johns, Ariz., for plaintiff Thomas Y. Perkins.

MEMORANDUM AND ORDER

COPPLE, District Judge.

These actions raise the issue whether the Secretary of Agriculture's decision to reduce the authorized utilization of national forest lands under a grazing permit is "agency action [which] is committed to agency discretion by law." 5 U.S.C. § 701(a)(2). Plaintiffs Tom and David Perkins are third generation members of a family which has been in the cattle business in Yavapai County, Arizona, since the turn...

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