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NESS INV. CORP. v. UNITED STATES DEPT. OF AGR., FOREST S.

No. 73-2415.

512 F.2d 706 (1975)

NESS INVESTMENT CORPORATION, and Canyon Lake Resort, Inc., Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, and Fred Wirth, Forest Supervisor, Appellees.

United States Court of Appeals, Ninth Circuit.

February 21, 1975.

Attorney(s) appearing for the Case

John C. Hughes (argued), Hughes, Hughes & Conlan, Phoenix, Ariz., for appellants.

Carl Strass and Terrence L. O'Brien (argued), Lands & Natural Resources Div., U.S. Dept. of Justice, Washington, D. C., for appellees.

Before WRIGHT and SNEED, Circuit Judges, and LINDBERG, District Judge.

OPINION

LINDBERG, Senior District Judge.

This appeal presents the question whether a federal court may review a refusal by the Department of Agriculture, Forest Service (forest service), to issue a special use permit to a so-called successor group of investors for operation of a resort in a national forest. The successor group of investors has appealed from an order of the district court1 granting the forest service's motion...

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