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AMERICAN HORSE PROTECTION ASS'N, INC. v. WATT

No. 82-1070.

694 F.2d 1310 (1982)

AMERICAN HORSE PROTECTION ASSOCIATION, INC., et al. v. James G. WATT, Secretary, United States Department of the Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1982.

Attorney(s) appearing for the Case

James P. Leape, Atty., Dept. of Justice, Washington, D.C., with whom Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C., was on the brief for appellants, Watt, et al.

Russell J. Gaspar, Washington, D.C., for appellees.

Murdaugh Stuart Madden and Roger A. Kindler, Washington, D.C., also entered an appearance for appellees, Humane Society of the United States.

Before ROBINSON, Chief Judge, and WALD and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Opinion, dissenting in part, filed by Chief Judge SPOTTSWOOD W. ROBINSON, III.

GINSBURG, Circuit Judge:

The Bureau of Land Management ("BLM")1 manages a herd of wild horses that roams public lands near Challis, Idaho. In 1976 the district court permanently enjoined BLM from removing horses from the range without the court's approval. This is an appeal from the district...

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