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WILDERNESS PUBLIC RIGHTS FUND v. KLEPPE

Nos. 77-1606, 77-3693.

608 F.2d 1250 (1979)

WILDERNESS PUBLIC RIGHTS FUND, a nonprofit California Corporation, Plaintiff-Appellant, v. Thomas F. KLEPPE, Secretary of Interior, Department of the Interior, Gary Everhardt, Director of the National Park Service, Howard H. Chapman, Regional Director of the Western Region of the National Park Service, and Merle Stitt, Superintendent of Grand Canyon National Park, Defendants-Appellees. Frederick B. EISEMAN, Jr., and Margaret H. Eiseman, husband and wife, J. R. Hertzler, Michael St. Clair, Plaintiffs-Appellants, v. Thomas F. KLEPPE, in his capacity as Secretary of the U. S. Department of Interior, Gary Everhardt, in his capacity as Director of the National Park Service, and Merle Stitt, in his capacity as Superintendent of Grand Canyon National Park, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Denial of Rehearing and Rehearing December 17, 1979.

Attorney(s) appearing for the Case

Donald P. Nemir, Inc., San Francisco, Cal., Bruce E. Meyerson, Phoenix, Ariz., argued, for plaintiff-appellant.

Carl Strass, Washington, D.C., argued, for defendants-appellees; Richard S. Allemann, Asst. U. S. Atty., Phoenix, Ariz., on brief.

Before MERRILL and ANDERSON, Circuit Judges, and SKOPIL, District Judge.

Denial of Rehearing and Rehearing En Banc December 17, 1979.

MERRILL, Circuit Judge:

These cases involve the manner in which use of the Colorado River for rafting and boating is apportioned between concessioners approved by the National Park Service and noncommercial users. Permits from the National Park Service are required for river use and the dispute here concerns the apportionment made in granting permits.

In December, 1972, the Secretary of the...

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