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MONTANA WILDERNESS ASS'N v. UNITED STATES

No. 79-29-Bu.

496 F.Supp. 880 (1980)

MONTANA WILDERNESS ASSOCIATION, Nine Quarter Circle Ranch, and the Wilderness Society, Plaintiffs, v. UNITED STATES FOREST SERVICE: John McGuire, its chief; Lewis Hawkes, Gallatin National Forest Supervisor; United States Fish and Wildlife Service, Harry Willoughby, its regional director; Burlington Northern, Inc., a Delaware Corporation; Bob Bergland, Secretary of Agriculture, Defendants.

United States District Court, D. Montana, Butte Division.

September 11, 1980.

Attorney(s) appearing for the Case

James H. Goetz, Bozeman, Mont., for plaintiffs.

James G. Watt; Michael H. Hyer, Denver, Colo., and J. C. Garlington of Garlington, Lohn & Robinson, Missoula, Mont., for Mountain States Legal Foundation, appearing as amicus curiae.

Kurt W. Kroschel and K. Kent Koolen, Billings, Mont., for Burlington Northern.

Rick Anderson, Asst. U. S. Atty., Butte, Mont., and Dorothy Burakreis & Peter Coppleman, Dept. of Justice, Washington, D. C., Land & Natural Resources, Washington, D. C., for all United States defendants.

John L. Peterson, Butte, Mont., and Shea & Gardner, Washington, and Richard S. Wasserstrom, Washington, D. C., Intervenor as a party defendant for Nat. Forest Products Ass'n.

MEMORANDUM OPINION

WILLIAM D. MURRAY, Senior District Judge.

I. INTRODUCTION

Plaintiffs bring this action against several federal defendants and Burlington Northern, Inc., seeking a preliminary injunction and moving for partial summary judgment. The court denied the motion for preliminary injunction and will issue findings of fact and conclusions of law in a separate order.

This memorandum opinion is to address those legal issues raised...

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