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MODEN v. U.S. FISH AND WILDLIFE SERVICE

Civil No. 02-305-JO.

281 F.Supp.2d 1193 (2003)

Walt MODEN; et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE; et al., Defendants.

United States District Court, D. Oregon.

September 3, 2003.

Attorney(s) appearing for the Case

James L. Buchal, Murphy & Buchal, L.L.P., Portland, OR, for Plaintiffs.

Michael W. Mosman, United States Attorney, District of Oregon, Portland, OR, Ruth Ann Lowery, Washington, DC, for Defendants.

OPINION AND ORDER

ROBERT E. JONES, District Judge.

In this lawsuit, plaintiffs Walt Moden, et al. ("Moden") contend that defendants United States Fish and Wildlife Service, et al. ("FWS"), arbitrarily and capriciously denied plaintiffs' petition to remove the Lost River and shortnose sucker fishes from the list of endangered species under the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq. Defendants have moved for summary judgment...

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