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NIOBRARA RIVER RANCH, L.L.C. v. HUBER

No. 4:03CV3247.

277 F.Supp.2d 1020 (2003)

NIOBRARA RIVER RANCH, L.L.C., a Nebraska Limited Liability Company, and Lee M. Simmons, Plaintiffs, v. Royce HUBER, Refuge Manager, Ft. Niobrara Wildlife Refuge; Ron Cole, Refuge Supervisor; Ralph Morgen-weck, Regional Director for USF & W Region 6, Steven A. Williams, Director of United States Fish & Wildlife Service; Gale A. Norton, Secretary of the United States Department of the Interior, Defendants.

United States District Court, D. Nebraska.

August 19, 2003.

Attorney(s) appearing for the Case

Paul D. Boeshart, Assistant United States Attorney, Lincoln, NE, for Gale A. Norton.

Victor E. Covalt, III, Ballew, Schneider Law Firm, Lincoln, NE, Kent C. Engdahl, Raynor, Rensch Law Firm, Omaha, NE, for Niobrara River Ranch.

MEMORANDUMAND ORDER

KOPF, District Judge.

This case presents the interesting question of whether the United States Fish and Wildlife Service (the FWS or Service) wrongly denied a license to conduct a commercial canoeing1 enterprise on the stretch of the Niobrara river in Nebraska that runs through the Fort Niobrara National Wildlife Refuge. The primary question is whether FWS denied...

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