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TERRY v. BLOCK

No. Civ. 84-1006TUC-WDB.

609 F.Supp. 813 (1985)

Stephen TERRY and Barbara B. Terry; Ralph A. Malone; Virginia Higuera; Patrick D. Hudson; Ruth C. Newcomer; John P. Krischak and Mary Ann Kirschak: Jacqueline Peterson; Ruben Rios; Lynette Escobar; Joseph P. McCraren and Kathryn McCraren; Joyce E. Chadburn; Trudy Neff; Arthur W. Riley and Dianne P. Riley; Domingo A. Sison and Darlene A. Sison; Ellis Baughman and Barbara L. Baughman; Betty Lee Peterson and George Walrabenstein; Robert Ohahanian; Seth E. Southard and Cynthia J. Southard; Elizabeth Ann Bailey; Octavio Marquez; on their own Behalf and on Behalf of all others similarly situated, Plaintiffs, v. John R. BLOCK, Secretary, U.S. Dept. of Agriculture; John B. Crowell, Jr., Asst. Sec. for Natural Resources and Environment, U.S. Dept. of Agriculture; R. Max Peterson, Chief, U.S. Forest Service, U.S. Dept. of Agriculture; Gary F. Cargill, Assoc. Deputy Chief, U.S. Forest Service; M.J. Hassell, Regional Forester, Southwestern Region U.S. Forest Service; R.B. Tippeconnic, Forest Supervisor, Coronado Natl Forest, U.S. Forest Service, Defendants.

United States District Court, D. Arizona.

May 24, 1985.

Attorney(s) appearing for the Case

O'Dowd, Burke & Lundquist, Erik M. O'Dowd, Tucson, Ariz., for plaintiffs.

Stephen M. McNamee, U.S. Atty., Dist. of Arizona, Don B. Overall, Tucson, Ariz., for defendants.

WILLIAM D. BROWNING, District Judge.

This matter is before the Court on the parties' cross motions for summary judgment. The motions were argued before the Court on May 15, 1985, and the Court took them under advisement. The Court issued a minute entry granting defendants' motion for summary judgment and denying plaintiffs' motion, and stating that a formal order would follow.

Plaintiffs were holders of special-use permits for recreational residences in Madera...

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