WEST VIRGINIA DIV. OF IZAAK WALTON L. OF AM., INC. v. BUTZ

No. 74-1387.

522 F.2d 945 (1975)

WEST VIRGINIA DIVISION OF the IZAAK WALTON LEAGUE OF AMERICA, INC., et al., Appellees, v. Earl L. BUTZ, Secretary of Agriculture of the United States, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1975.


Attorney(s) appearing for the Case

Dirk D. Snel, Atty., U. S. Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., James F. Companion, U. S. Atty., Raymond N. Zagone and L. Mark Wine, Attys., U. S. Dept. of Justice on brief), for appellants.

Robert E. Jordan, III, Washington, D.C. (William K. Condrell, Stephen Robbins, Steptoe & Johnson, Washington, D.C., on brief), for National Forest Products Association as amicus curiae.

Luther E. Woods, James R. Bailes, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., on brief for Appalachian Hardwood Manufacturers, Inc., and West Virginia Forests, Inc., as amicus curiae.

Bruce J. Terris, Washington, D.C. (Helen Cohn Needham, John D. Leshy, Washington, D. C., James C. West, Jr., Jones, Williams, West & Jones, Charksburg, W. Va., James W. Moorman, San Francisco, Cal., on brief), for appellees.

Before BOREMAN, Senior Circuit Judge, and BUTZNER and FIELD, Circuit Judges.


FIELD, Circuit Judge:

Alleging that the Forest Service was entering into contracts for the sale of timber in the Monongahela National Forest of West Virginia the terms of which violated the Organic Act of 18971 (hereinafter "Organic Act"), the plaintiffs instituted this action seeking both declaratory and injunctive relief. Specifically, the plaintiffs challenged three proposed timber sales which in the aggregate covered the harvesting...

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