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ALLARD v. FRIZZELL

No. 76-1251.

536 F.2d 1332 (1976)

L. Douglas ALLARD et al., Plaintiffs-Appellees, v. Kent FRIZZELL, Solicitor of the Department of the Interior and Acting Secretary of the Interior, et al., Defendants, National Audubon Society, Inc., and Environmental Defense Fund, Inc., Movants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 23, 1976.

Attorney(s) appearing for the Case

Henry W. Ipsen, of White & Burke, Denver, Colo., for movants-appellants.

John P. Akolt III, of Akolt, Dick & Akolt, Denver, Colo., for plaintiffs-appellees.

Before SETH and HOLLOWAY, Circuit Judges, and STANLEY, District Judge.

PER CURIAM.

The appellant corporations, National Audubon Society, Inc. and Environmental Defense Fund, Inc., sought to intervene in a three-judge case pending in the United States District Court for the District of Kansas, Allard v. Frizzell, Civil No. 75-W-1000. Their motions were denied, and they have taken this appeal.

The trial court, considering the motions under Rule 24(a), Fed.R.Civ.P., determined:

"The application is timely; it is doubtful...

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