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NATIONAL FOREST PRESERVATION GROUP v. BUTZ

No. 2146.

343 F.Supp. 696 (1972)

NATIONAL FOREST PRESERVATION GROUP, a Montana non-profit corporation, and Lester C. Baldwin, Plaintiffs, v. Earl L. BUTZ, individually and as Secretary of Agriculture, et al., Defendants, Big Sky of Montana, Inc., and Burlington Northern, Inc., Intervening Defendants.

United States District Court, D. Montana, Butte Division.

May 23, 1972.

Attorney(s) appearing for the Case

James H. Goetz, Bozeman, Mont., for plaintiffs.

Roy E. Murray, Jr., Asst. U. S. Atty., Butte, Mont., for the government.

Gerald Fish, Atty., Land and Natural Resources Division, Department of Justice, Washington, D. C., Cale Crowley Billings, Mont., J. David Penwell, Gen. Counsel, Gellatin Gateway, Mont., for Big Sky of Montana, Inc.

Kendrick Smith and Dolphy Pohlman, Jr., Butte, Mont., of Corette, Smith & Dean, Butte, Mont., Richard V. Wicka, Asst. Gen. Counsel, St. Paul, Minn., for Burlington Northern.

MEMORANDUM, OPINION and ORDER

WILLIAM D. MURRAY, Senior Judge.

Along with their Amended Complaint, plaintiffs filed herein a Motion for a Preliminary Injunction and Temporary Restraining Order to enjoin the Secretary of Agriculture and the other defendants from patenting to Burlington Northern, Inc., lands owned by the United States and which are the subject of Gallatin National Forest—Burlington Northern Inc. Land Exchanges 2 and 3.

Burlington...

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