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HEADWATERS INC. v. U.S. FOREST SERVICE

No. 01-35898.

399 F.3d 1047 (2005)

HEADWATERS INC., an Oregon nonprofit corporation; Forest Conservation Council, Plaintiffs-Appellants, v. U.S. FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2005.

Attorney(s) appearing for the Case

Lori J. Cooper, Williams, OR, for the appellants.

Todd S. Aagaard, Attorney, United States Department of Justice, Washington, DC, for the appellee.

Before ALFRED T. GOODWIN, PROCTER HUG, JR., and MARSHA S. BERZON, Circuit Judges.

Opinion by Judge BERZON; Concurrence by Judge GOODWIN.

ORDER

The Opinion filed on September 8, 2004, and published at 382 F.3d 1025 (9th Cir.2004), is withdrawn and superceded by the opinion filed concurrently herewith.

With the filing of the new opinion, appellants' pending petition for rehearing en banc is DENIED as moot, without prejudice to refiling a subsequent petition for rehearing and/or rehearing en banc...

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