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JANICKI LOGGING CO. v. MATEER

No. 93-35871.

42 F.3d 561 (1994)

JANICKI LOGGING CO., Plaintiff-Appellant, v. Bruce MATEER; Dale Robertson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1994.

Attorney(s) appearing for the Case

William Lenihan, Schwabe, Williamson, Ferguson & Burdell, Seattle, WA, for plaintiff-appellant.

Robert M. Loeb, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: BEEZER and FERNANDEZ, Circuit Judges, and ORRICK, District Judge.

FERNANDEZ, Circuit Judge:

Janicki Logging Company, Inc. appeals from the district court's dismissal of its action against two officials of the United States Forest Service, Bruce Mateer and Dale Robertson. Janicki sued them in their individual, not official, capacities. It claimed that its constitutional rights were violated when a portion of its logging contract with the USFS was cancelled after the discovery of a Northern Spotted Owl's nest in the affected area...

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