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NELSON v. KLEPPE

Civ. No. 1-74-209.

457 F.Supp. 5 (1976)

T. Stanley NELSON, Idaho Wildlife Federation, Golden Eagle Audubon Chapter, B. Robert Butler, Marid P. Delisio, Ruthann Knudsen, Max G. Pavesic, David Rice, and Roderick Sprague, Plaintiffs, v. Thomas S. KLEPPE, in his official capacity of Secretary of the Interior of the United States, Curtis J. Berklund, in his official capacity as Director of the Bureau of Land Management of the Department of the Interior, William L. Matthews, State Director (Idaho) of the Bureau of Land Management, Defendants, Robert M. Henggeler, Intervenor-Defendant.

United States District Court, D. Idaho.

August 20, 1976.

Attorney(s) appearing for the Case

Herbert W. Rettig, Dunlap, Rettig & Rosenberry, Caldwell, Idaho, W. F. Schroeder, Schroeder, Denning & Hutchens, Vale, Or., for plaintiffs.

Wilbur T. Nelson, U. S. Atty., Paul L. Westberg, Asst. U. S. Atty., Boise, Idaho, for defendants.

William F. Ringert, Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, for intervenor-defendant.

MEMORANDUM DECISION AND ORDER

J. BLAINE ANDERSON, Circuit Judge, sitting by designation.

The plaintiffs have brought this action seeking judicial review, pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 701-706, of a November 8, 1974 decision which classified certain real property as suitable for entry under the Desert Land Act, as amended, 43 U.S.C. § 321, et seq. The decision by its terms is the final action of the Secretary of...

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