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SABIN v. BERGLUND

No. 77-1132.

585 F.2d 955 (1978)

Don SABIN, Ellen Young, Lynn T. Paul and Don Lemos, Plaintiffs-Appellants, v. Robert C. BERGLUND et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 13, 1978.

Rehearing Denied December 1, 1978.

Attorney(s) appearing for the Case

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

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

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from an administrative order of the Department of Agriculture, Forest Service, which order denied a special use permit for ski instruction to plaintiff-appellant Lemos, a certified ski instructor. The permit which Lemos sought would have allowed him to teach skiing in areas located on National Forest lands near Aspen, Colorado. These lands were already under permit for winter sports in the subject area. The particular...

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