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ANIMAL PROTECTION INSTITUTE OF AMERICA v. HODEL

No. CV-R-85-365-HDM.

671 F.Supp. 695 (1987)

ANIMAL PROTECTION INSTITUTE OF AMERICA, INC., a California non-profit corporation, and The Fund for Animals, Inc., a New York non-profit corporation, Plaintiffs, v. Donald HODEL, Secretary of the United States Department of the Interior, Washington, D.C.; Robert Buford, Director of the Bureau of Land Management, Washington, D.C.; Edward F. Spang, Director of Bureau of Land Management, State of Nevada; Thomas J. Owen, District Manager, Bureau of Land Management, Carson City; Don Pomi, Assistant District Manager for the Division of Wild Horses and Burros; M.H. Frei, Program Leader, Wild Horse Specialist; Hillary A. Oden, Director of the Bureau of Land Management, State of Wyoming; and Dean Stepanek, Director of the Bureau of Land Management, State of Montana, Defendants.

United States District Court, D. Nevada.

July 8, 1987.

Attorney(s) appearing for the Case

John Ohlson, Reno, Nev., W. Craig James, Boise, Idaho, for plaintiffs.

Lee M. Kolker, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendants.

ORDER AND JUDGMENT

McKIBBEN, District Judge.

On March 27, 1987 the Magistrate entered Findings with the Court and recommended that Plaintiffs' Motion for Summary Judgment be denied and that Defendants' Motion for Summary Judgment be granted. On April 10, 1987, plaintiffs filed objections to the Magistrate's Findings and Recommendation. Defendants have responded to the objections and after oral argument this matter has been submitted for decision.

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