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FREE ENTERPRISE CANOE RENTERS ASS'N v. WATT

Nos. 82-2246, 82-2304.

711 F.2d 852 (1983)

FREE ENTERPRISE CANOE RENTERS ASSOCIATION OF MISSOURI, Appellant, v. James WATT, Secretary of Interior; Ray Arnett, Assistant Secretary of Interior; Jimmy Dunning, Regional Director of the National Park Service; and Arthur Sullivan, Park Superintendent of the Ozark National Scenic Riverways, Appellees. UNITED STATES of America, Appellee, v. Jack PETERS, Tom Bedell, Ernie Middleton, Willard Burkhart, and Clinton Jadwin, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1983.

Motion for Clarification Denied August 15, 1983.

Attorney(s) appearing for the Case

Kohn, Shands, Elbert, Gianoulakis & Giljum, Alan C. Kohn, Terry Lueckenhoff, St. Louis, Mo., for appellants.

Thomas E. Dittmeier, U.S. Atty., James E. Crowe, Jr., Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before HEANEY, McMILLIAN and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

These appeals concern the validity of the Interior Department's regulation prohibiting the delivery or retrieval of rented canoes within the boundaries of the Ozark National Scenic Riverways (ONSR) without a permit, 36 C.F.R. § 7.83(c)(3) (1982). The appellant, Free Enterprise Canoe Renters Association of Missouri (the Association), brought a civil action seeking an injunction against enforcement of the regulation against its members, and...

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