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COALITION FOR CANYON PRESERVATION, INC. v. HAZEN

No. CV 90-141-M-CCL.

788 F.Supp. 1522 (1990)

COALITION FOR CANYON PRESERVATION, INC., and Resources Limited, Inc., Plaintiffs, v. Donald E. HAZEN, Colonel, in his capacity as District Engineer, U.S. Department of the Army Corps of Engineers, Omaha District; James N. Hall, in his official capacity as Division Engineer for Western District Federal Highway Administration; and Frontier West, Inc., Defendants.

United States District Court, D. Montana, Missoula Division.

December 28, 1990.

Attorney(s) appearing for the Case

Jon L. Heberling, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Mont., for plaintiffs.

Chris Swartley, Missoula, Mont., Jim Zotter, Federal Highway Adm., Portland, Or., Mike Riley, U.S. Army Corps of Engineers, Omaha Dist., Omaha, Neb., Kris McLean, Asst. U.S. Atty., Helena, Mont., for defendants.

OPINION AND ORDER

LOVELL, District Judge.

The court denied Plaintiffs' application for temporary restraining order and preliminary injunction. This opinion explains the reasons for the court's ruling.

BACKGROUND

Plaintiffs filed their application seeking to stop the Federal Highway Administration (FHWA), the Army Corps of Engineers, and Frontier West from constructing a replacement bridge across the North Fork of the Flathead River near...

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