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DIAMOND RING RANCH, INC. v. MORTON

No. 75-1201.

531 F.2d 1397 (1976)

DIAMOND RING RANCH, INC., Plaintiff-Appellee, v. Rogers C. B. MORTON, Secretary of the Interior, and Daniel P. Baker, State Director of the Bureau of Land Management for the State of Wyoming, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 4, 1976.

Rehearing Denied March 22, 1976.

Attorney(s) appearing for the Case

Claude W. Martin, Brown, Drew, Apostolos, Barton & Massey, Casper, Wyo. (William H. Brown, Brown, Drew, Apostolos, Barton & Massey, Casper, Wyo., on the brief), for plaintiff-appellee.

Neil T. Proto, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., Clarence A. Brimmer, U. S. Atty., Cheyenne, Wyo., and Edmund B. Clark and George R. Hyde, Attys., Dept. of Justice, on the brief), for defendants-appellants.

Victor H. Kramer, Charles E. Hill, Washington, D. C., Daniel G. Clement, Pasadena, Cal., Institute for Public Interest, for amicus curiae National Wildlife Federation.

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The Secretary herein seeks reversal of the judgment of the district court which voided a sanction imposed by the Secretary and his delegates against the Diamond Ring Ranch following an alleged violation by Diamond Ring Ranch of the terms and conditions of a lease of government land to it under the Taylor Grazing Act, 48 Stat. 1269, 43 U.S.C. Sec. 315 et seq. The violation giving rise to this was the alleged indiscriminate spraying...

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