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FOREST GUARDIANS v. VENEMAN

No. CV 01-138 TUC DCB.

305 F.Supp.2d 1118 (2003)

FOREST GUARDIANS, Plaintiffs, v. Ann M. VENEMAN, Secretary of Agriculture of the United States, and the United States Forest Service, Defendants.

United States District Court, D. Arizona.

October 30, 2003.

Attorney(s) appearing for the Case

Robert Baxter Wiygul, Waltzer & Associates, Biloxi, MS, for Plaintiffs.

Lisa Lynne Russell, Samuel D. Rauch, III, Jean Williams, U.S. Dept. of Justice, Wildlife & Marine Resources Section, Washington, DC, Monte C. Clausen, Esq., Richard Evan Gordon, Esq., U.S. Attorney's Office, Tucson, AZ, for Defendants.

ORDER

BURY, District Judge.

On October 28, 2002, this Court ruled in part on the merits of the parties' cross-motions for summary judgment and called for supplemental briefing. The Court held that Count VII of Plaintiff's Complaint was subject to dismissal, but afforded Plaintiff an opportunity to show good cause why it should not be dismissed. Supplemental briefing has been filed addressing Count VII of Plaintiff's First Amended Complaint. Plaintiff has...

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