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SABIN v. BUTZ

No. 74-1060.

515 F.2d 1061 (1975)

Don SABIN et al., Plaintiffs-Appellants, v. Earl H. BUTZ, Secretary of Agriculture, and Edward P. Cliff, Chief, U. S. Forest Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 9, 1975.

Rehearing Denied July 11, 1975.

Attorney(s) appearing for the Case

Carl R. Nutzhorn, Aspen, Colo., for plaintiffs-appellants.

John J. Zimmerman, Atty., Dept. of Justice, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., George R. Hyde, Atty., Dept. of Justice, Washington, D. C., and James L. Treece, U. S. Atty., Denver, Colo., on the brief), for defendants-appellees.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and CHRISTENSEN, District Judge.

HOLLOWAY, Circuit Judge.

This suit challenges the denial by the Forest Service of a special use permit to allow an independent ski instructor to teach downhill skiing in the Aspen, Colorado, area of the White River National Forest. Plaintiff Lemos, an admittedly qualified ski instructor, sought the permit and plaintiffs Sabin, Young, and Paul were prospective students desiring his instruction. The permit was denied pursuant to a Forest Service policy against authorizing...

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