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MONTANA WILDERNESS ASS'N v. U. S. FOREST SERVICE

No. 80-3374.

655 F.2d 951 (1981)

MONTANA WILDERNESS ASSOCIATION, NINE QUARTER CIRCLE RANCH, and the Wilderness Society, Plaintiffs-Appellants, 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-Appellees, and The National Forest Products Association, Intervening Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1981.

Attorney(s) appearing for the Case

James H. Goetz, Goetz & Madden, Bozeman, Mont., for plaintiffs-appellants.

David Booth Beers, Washington, D.C., argued, for intervening defendant-appellee; Richard S. Wasserstrom, S. Elizabeth Gibson, William N. Eskridge, and Jeffrey C. Martin, Washington, D.C., on brief.

Kurt W. Kroschel, Billings, Mont., Dirk D. Snel, Washington, D. C., argued, for defendants-appellees; Rick Anderson, Butte, Mont., Kurt W. Kroschel, Billings, Mont., James G. Watt, Denver, Colo., James W. Moorman, Washington, D. C., on brief.

Before ANDERSON and NORRIS, Circuit Judges, and SCHWARZER, District Judge.

NORRIS, Circuit Judge:

Environmentalists and a neighboring property owner seek to block construction by Burlington Northern of roads over parts of the Gallatin National Forest. They appeal from a partial summary judgment in the district court granting Burlington Northern a right of access to its totally enclosed timberlands. Montana Wilderness Association v. United States Forest Service, 496 F.Supp. 880 (D.Mont.1980). The...

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