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WILDERNESS SOC. v. ROBERTSON

No. CV 91-78-M-CCL.

824 F.Supp. 947 (1993)

The WILDERNESS SOCIETY, a non-profit corporation; Great Bear Foundation, a non-profit corporation, Plaintiffs, v. F. Dale ROBERTSON, in his official capacity as Chief, United States Forest Service; David F. Jolly, in his official capacity as Regional Forester, Northern Region; Robert L. Schrenk, in his official capacity as Supervisor, Kootenai National Forest; United States Forest Service, an agency of the United States; and Noranda Minerals Corp., a Delaware corporation and wholly-owned subsidiary of Noranda, Inc., a Canadian corporation, Defendants.

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

May 21, 1993.

Attorney(s) appearing for the Case

Karl J. Englund, Englund Law Office, Missoula, MT, Victor M. Sher, Todd D. True, Seattle, WA, Fern L. Shepard, Sierra Club Legal Defense Fund, Washington, DC, for plaintiffs.

Robert J. Brooks, Office of U.S. Atty., Butte, MT, Gary B. Randall, U.S. Dept. of Justice, Washington, DC, Doris M. Poppler, Office U.S. Atty., Billings, MT, Carolyn S. Ostby, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, MT, Paul F. Hultin, James L. Harrison, William Hillhouse, II, Parcel, Mauro, Hultin & Spaanstra, PC, Denver, CO, for defendants.

OPINION AND ORDER

LOVELL, District Judge.

Plaintiffs, The Wilderness Society and Great Bear Foundation, filed this action on May 24, 1991. The complaint comprises seven claims for relief relating to the actions of the Forest Service and non-federal co-defendant Noranda Minerals Corporation ("Noranda"), in connection with certain mining claims located in the Cabinet Mountains Wilderness in Montana.

In the first claim, Plaintiffs allege that the Forest...

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