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RYAN v. PITKIN IRON CORPORATION

Nos. 303-70, 304-70.

444 F.2d 717 (1971)

Theodore S. RYAN and Highland-Bavarian Corporation, Plaintiffs-Appellants, and City of Aspen, Colorado, a municipal corporation, Plaintiff-Intervenor-Appellant, v. PITKIN IRON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 2, 1971.

Attorney(s) appearing for the Case

Don H. Sherwood, Denver, Colo. (Dawson, Nagel, Sherman & Howard, and S. Chandler Visher, Denver, Colo., with him on the brief), for plaintiffs-appellants.

Ralph M. Clark and Michael Wilfley, Denver, Colo. (Law, Nagel & Clark, Denver, Colo., with them on the brief), for plaintiff-intervenor-appellant.

V. G. Seavy, Jr., Denver, Colo., for defendant-appellee.

Before SETH and HOLLOWAY, Circuit Judges, and WESLEY E. BROWN, District Judge.

SETH, Circuit Judge.

This is an appeal from the United States District Court for the District of Colorado in which the preliminary injunction sought by the plaintiffs was denied, and the action was dismissed.

The defendant-appellee was granted by the appropriate Forest Supervisor a Special Use Permit covering about three acres of forest land near Aspen, Colorado. The permit was sought and granted for the purpose of building and using a sewage treatment facility...

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