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FUND FOR ANIMALS, INC. v. LUJAN

No. CV 90-142-M-CCL.

794 F.Supp. 1015 (1991)

The FUND FOR ANIMALS, INC., Plaintiff, v. Manual LUJAN, Jr., in his official capacity as Secretary of the United States Department of the Interior; Clayton Yeutter, in his official capacity as Secretary of the United States Department of Agriculture; and K.L. Cool, in his official capacity as Director of the State of Montana Department of Fish, Wildlife and Parks, Les Graham, in his official capacity as Director of the State of Montana Department of Livestock; and the State of Montana, By and Through Marc Racicot, Attorney General, Defendants.

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

Supplemental Memorandum January 27, 1991.

Attorney(s) appearing for the Case

Noel K. Larrivee, Larrivee Law Office, Missoula, Mont., W. Craig James, Skinner, Fawcett & Mauk, Boise, Idaho, for plaintiff.

Robert J. Brooks, Asst. U.S. Atty., Butte, Mont., Will Hutchison and Norman C. Peterson, Dept. of Justice, R.J. Sewell, Jr., Lewis K. Smith, Smith Law Firm, P.C., Helena, Mont., for defendants.

MEMORANDUM AND ORDER DENYING INJUNCTIVE RELIEF

LOVELL, District Judge.

The Fund for Animals (Fund) seeks to restrain Defendants from taking any further action which results in the shooting of bison outside the boundaries of Yellowstone National Park. Plaintiff also seeks to require Defendants to take such affirmative steps as may be necessary to prevent migration of bison out of Yellowstone National Park. Finally, the Fund seeks to preliminarily enjoin the...

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