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SCHWENKE v. SECRETARY OF THE INTERIOR

Nos. 82-3132, 82-3175.

720 F.2d 571 (1983)

Charles E. SCHWENKE, Lester Earl Nickels, and Russell K. Nickels, Plaintiffs-Appellees, v. SECRETARY OF THE INTERIOR, Director of the Fish and Wildlife Service and Refuge Manager of the Charles M. Russell National Wildlife Refuge, Defendant-Appellant, and National Wildlife Federation, Montana Wildlife Federation, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1983.

Attorney(s) appearing for the Case

C. Delos Putz, Jr., San Francisco, Cal., for plaintiffs-appellees.

Thomas France, Missoula, Mont., Thomas H. Pacheco, Dept. of Justice, Washington, D.C., for defendant-appellant.

Before FERGUSON, BOOCHEVER and NORRIS, Circuit Judges.

NORRIS, Circuit Judge.

This case involves a series of executive orders and statutes dealing with livestock grazing and wildlife preservation on the Charles M. Russell National Wildlife Range (Russell Range or Range), an area of approximately 823,456 acres in northeastern Montana owned by the United States. We are called upon first to decide the relative priorities of wildlife and livestock in access to the natural forage resources of the Range. Second, we must decide...

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