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CLOUSER v. ESPY

No. 93-35051.

42 F.3d 1522 (1994)

Leroy CLOUSER and Sharon Clouser (Owners of the Robert E. Mining Claims), Carl E. Setera, Judith M. Setera, Anthony S. Setera and Lois A. Setera (Owners of the Thunderbolt Mining Claims), Gary Hoefler, Don Wurster, Cameron Anderson and Robin Anderson (Owners of the Wilson Mining Claim), Plaintiffs-Appellants, v. Mike ESPY, Secretary of Agriculture, United States of America, Dale Robertson, Chief Forester, Forest Service, John Butruille, Regional Forester, Pacific Northwest Region, Jeff Blackwood, Forest Supervisor, Umatilla National Forest, Craig Smith Dixon, District Ranger, North Fork John Day Ranger District, Mike Lunn, Forest Supervisor, Siskiyou National Forest, Dennis Holthus, District Ranger, Illinois Valley Ranger District, Bruce Babbitt, Secretary of the Interior, Cy Jamison, Director of the Bureau of Land Management, D. Dean Bibles, State Director, Oregon State Office, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Philip F. Schuster, II and Roger F. Dierking, Portland, OR, for plaintiffs-appellants.

Peter A. Appel, Robert L. Klarquist and Alexandra A.E. Shapiro, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge.

THELTON E. HENDERSON, District Judge:

This case is a lawsuit by holders of certain mining claims located on federal land within National Forests. The claim holders challenge rulings by the U.S. Forest Service that, among other things, refused under certain circumstances to permit them to use motor vehicles to access their claims, requiring them instead to use pack animals. On the parties' cross motions for summary judgment, the district court granted summary judgment...

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