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BREAKER v. U.S.

Case No. 10-cv-2141 (SRN/LIB).

977 F.Supp.2d 921 (2013)

Martin BREAKER, Heidi Breaker, and Marty Breaker Enterprises, Inc., Plaintiffs, v. UNITED STATES of America; Tom Vilsack, in his official capacity as Secretary of Agriculture of the United States Agriculture Department; Thomas Tidwell, Chief of the Forest Service of the United States Department of Agriculture; James W. Sanders, Forest Supervisor; and Nancy Larson, District Ranger, Defendants.

United States District Court, D. Minnesota.

September 30, 2013.

Attorney(s) appearing for the Case

James A. Yarosh, Jennifer Kolias, Mark H. Thieroff, Siegel Brill P.A., Minneapolis, MN, for Plaintiffs.

David W. Fuller, Bahram Samie, United States Attorney's Office, Minneapolis, MN, for Defendants.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, District Judge.

I. INTRODUCTION

This matter is before the Court on the parties' cross motions for summary judgment and Defendants' motion to dismiss. (Pl.'s Mot. for Summ. J. [Doc. No. 34]; Def.'s Mot. to Dismiss or for Summ. J. [Doc. No. 44].) Both parties ask the Court to grant judgment as a matter of law upon a review of an administrative decision by the United States Forest Service. Defendants...

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