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FRIENDS OF THE WILD SWAN v. FISH & WILDLIFE SERV.

Civ. No. 94-1318-JO.

896 F.Supp. 1025 (1995)

FRIENDS OF THE WILD SWAN, INC., et al., Plaintiffs, v. U.S. FISH AND WILDLIFE SERVICE, an agency of the U.S. Department of the Interior, et al., Defendants.

United States District Court, D. Oregon.

July 6, 1995.

Attorney(s) appearing for the Case

Gary Keith Kahn, Reeves Kahn & Eder, Portland, OR, Jack R. Tuholske, Missoula, MT, for plaintiffs.

Kristine Olson, United States Attorney, District of Oregon, Thomas C. Lee, Assistant United States Attorney, United States Attorney's Office, Portland, OR, Ellen J. Kohler, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, Scott W. Horngren, Michael E. Haglund, Shay S. Scott, Haglund & Kirtley, Portland, OR, for defendants and intervenor defendants.

OPINION AND ORDER

ROBERT E. JONES, District Judge:

This case involves a challenge under the Endangered Species Act ("ESA"), 16 U.S.C. 1531 et seq. (1988), with regard to the United States Fish and Wildlife Service's ("USFWS") decision not to list bull trout as an endangered species. This dispute is before the Court on Applicants' Motion to Intervene (# 36-1).

BACKGROUND

The Proposed Intervenors ("Intervenors") include "riparian...

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