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FRIENDS OF ENDANGERED SPECIES, INC. v. JANTZEN

No. 84-1991.

760 F.2d 976 (1985)

FRIENDS OF ENDANGERED SPECIES, INC., Plaintiff-Appellant, v. Robert A. JANTZEN, Director, United States Fish and Wildlife Service; County of San Mateo; City of Daly City; City of Brisbane; City of South San Francisco; Visitacion Associates; W.W. Dean and Associates, Inc.; Presley of Northern California, Inc.; Foxhall Investment, Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1985.

Attorney(s) appearing for the Case

Michael Freund, Berkeley, Cal., for plaintiff-appellant.

David Byers, Redwood, Cal., for defendants-appellees.

Before PREGERSON and FERGUSON, Circuit Judges, and CURTIS, Senior District Judge.

PREGERSON, Circuit Judge:

Friends of Endangered Species, Inc. (Friends) appeals from a summary judgment in favor of public and private appellees.1 Friends had challenged a decision of the United States Fish and Wildlife Service (the Service) to issue a permit that authorized the "taking"2 of Mission Blue butterflies from areas of the San Bruno Mountain. For the reasons stated below, we affirm the district court...

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