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MOUNTAIN STATES LEGAL FOUNDATION v. CLARK

No. 82-1485.

740 F.2d 792 (1984)

MOUNTAIN STATES LEGAL FOUNDATION, a nonprofit corporation, on behalf of its members who use and enjoy the public lands in the Rock Springs, Wyoming area, and the Rock Springs Grazing Association, which owns and leases lands in the Rock Springs, Wyoming area, Plaintiffs-Appellants, v. William CLARK, as Secretary of the Department of the Interior, James W. Byrd, as United States Marshal of the District of Wyoming, Frank Gregg, individually, former Director of the Bureau of Land Management, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 1984.

Attorney(s) appearing for the Case

Constance E. Brooks, Mountain States Legal Foundation, Denver, Colo. (Roger J. Marzulla, William H. Mellor III and R. Norman Cramer, Jr., Mountain States Legal Foundation, Denver, Colo., and Calvin Ragsdale of Marty & Ragsdale, Green River, Wyo., on the brief), for plaintiffs-appellants.

Dianne H. Kelly, Atty., Wildlife and Marine Resources, Land and Natural Resources Div., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Richard Stacy, U.S. Atty., Cheyenne, Wyo., Robert L. Klarquist and James P. Leape, Attys., Dept. of Justice, Washington, D.C., on the brief), for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

SETH, Chief Judge.

The complaint of plaintiffs, who are owners of grazing lands, brought this action against the Secretary of Interior and the United States for the unconstitutional taking, without condemnation proceedings, of forage on their private lands. This taking, it is alleged, resulted from the failure by the defendants to manage herds of wild horses contrary and in violation of the Wild Free-Roaming Horses and Burros...

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