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ALLIANCE FOR WILD ROCKIES v. COTTRELL

No. 09-35756.

622 F.3d 1045 (2010)

ALLIANCE FOR the WILD ROCKIES; Native Ecosystems Council, Plaintiffs-Appellants, v. Jane L. COTTRELL, in her official capacity as acting Regional Forester; United States Forest Service, an agency of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2010.

Amended September 22, 2010.

Attorney(s) appearing for the Case

Matthew Kellogg Bishop ; Western Environmental Law Center, Helena, MT, Susan Jane McKibben Brown , Western Environmental Law Center, Portland, OR, for the appellants.

John Emad Arbab , U.S. Department of Justice, Washington, D.C., Mark Steger Smith , Office of the U.S. Attorney, Billings, MT, for the appellee.

Before: WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge MOSMAN.

ORDER

The opinion filed July 28, 2010, and published at 613 F.3d 960 (9th Cir.2010), is amended as follows:

On 613 F.3d at 968, immediately below line 21, before section heading "B. Preliminary Injunction," add new paragraph:

To the extent prior cases applying the "serious questions" test have held that a preliminary injunction may issue...

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