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FUND FOR ANIMALS v. FRIZZELL

No. 75-2054.

530 F.2d 982 (1975)

The FUND FOR ANIMALS, a corporation of the State of New York, et al., Appellants, v. Kent FRIZZELL, Secretary of the United States Department of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 1975.

As Amended January 9, 1976.

Attorney(s) appearing for the Case

John N. Malyska, Newark, N.J., for appellants.

Robert A. Kerry, Atty., Dept. of Justice, with whom Carl Strass and Irwin L. Schroeder, Jr., Attys., Dept. of Justice, Washington, D.C., were on the brief for Federal appellees. Edmund B. Clark, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for Federal appellees.

Charles S. Fax, Washington, D.C., with whom Paul A. Lenzini, Washington, D.C., was on the brief for appellee intervenors International Ass'n of Game, Fish and Conservation Commissioners, and others.

Jay D. Fischer, of the bar of the Supreme Court of New Jersey, pro hac vice by special leave of court for appellee intervenor National Society for Conservation and Animal Protection.

Richard W. Snowdon, was on the brief for appellee intervenor National Rifle Association. Frederick J. Tansill, Washington, D.C., also entered an appearance for appellee intervenor National Rifle Ass'n.

Before WRIGHT, TAMM and MacKINNON, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the district court denying appellants' motion for a preliminary injunction against those parts of the regulations promulgated by the United States Fish & Wildlife Service (FWS) which permit hunting in the Atlantic Flyway states of the greater snow goose1 and the Atlantic brant during a limited season in 1975-76.2 The

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