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GEORGE v. U.S.

No. 11-2045.

672 F.3d 942 (2012)

Anne GEORGE, Plaintiff-Appellant, v. UNITED STATES of America; United States Forest Service; Thomas Vilsack, Secretary of Agriculture; Thomas Tidwell, Chief of the U.S. Forest Service; Corbin Newman, Regional Forester, Intermountain Region; Kelly M. Russell, Forest Supervisor, Gila National Forest; Russell Ward, District Ranger, Silver City Ranger District, Gila National Forest, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 5, 2012.

Attorney(s) appearing for the Case

James M. Manley ( Steven J. Lechner with him on the briefs), Mountain States Legal Foundation, Lakewood, CO, for Plaintiff-Appellant.

Robert P. Stockman ( Ignacia S. Moreno , Manuel Lucero and Aaron P. Avila , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., and Cassandra Casaus Currie , Steve Hattenbach and Andrew R. Varcoe , Office of the General Counsel, United States Department of Agriculture, Washington, D.C., with him on the brief), for Defendants-Appellees.

Before MURPHY, HOLLOWAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Anne George wants to fence her property and, with it, corral her horse. Trouble is, the Forest Service has a road running through her land that Ms. George's fence threatens to block. Ms. George offered to leave a gate across the road unlocked, but the Service rejected this option, arguing that the public needs unfettered access to the adjacent Gila National Forest. Instead, the Forest Service encouraged Ms. George to pen her horse with a fence...

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