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SOUTHERN TIMBER PURCHASERS COUNCIL v. ALCOCK

Civ. No. 1:89-cv-2741-ODE.

779 F.Supp. 1353 (1991)

SOUTHERN TIMBER PURCHASERS COUNCIL, Hankins Lumber Company, Inc., Hood Industries, Inc., and Hunt Plywood Company, Inc. v. John ALCOCK, in his official capacity as Regional Forester for Region 8 of the United States Forest Service, F. Dale Robertson, in his official capacity as Chief, of United States Forest Service, James W. Pulliam, Jr., in his official capacity as Regional Director of Region 4 of the United States Fish and Wildlife Service, and Manuel Lujan, in his official capacity as Secretary of the United States Department of the Interior.

United States District Court, N.D. Georgia, Atlanta Division.

July 29, 1991.

Attorney(s) appearing for the Case

Alexander Stephens Clay, IV, Mary Lillian Walker, Kilpatrick & Cody, Atlanta, Ga., Steven P. Quarles, Thomas R. Lundquist, John A. Macleod, Crowell & Moring, Washington, D.C., for plaintiffs.

Daniel A. Caldwell, III, Asst. U.S. Atty., Atlanta, Ga., Jean Williams Mellor, U.S. Dept. of Justice, Environment & Natural Resources Div., Wildlife & Marine Resources Section, Ellen Athas Ferlo, General Litigation Section, Washington, D.C., for defendants.

Stephen Edmund O'Day, Smith, Gambrell & Russell and Stephen Thomas LaBriola, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., for movants Sierra Club and Wilderness Society.

David John White, Nat. Wildlife Federation, Atlanta, Ga., for movant Nat. Wildlife Federation.

ORDER

ORINDA D. EVANS, District Judge.

This action arising under the National Forest Management Act, 16 U.S.C. § 1604 et seq. ("the Forest Act") is before the court on the parties' cross-motions for summary judgment. Fed.R.Civ.P. 56.

This dispute arises from the actions of Defendants, officials of the United States Forest Service ("the Forest Service"), restricting timber cutting within ¾ of a mile of a colony site of red cockaded...

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