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LIDSTONE v. BLOCK

No. 84-1817.

773 F.2d 1135 (1985)

Herrick K. LIDSTONE, Marcia D. Lidstone, and Mary Mattern, Plaintiffs-Appellants, Joseph B. Mattern, Plaintiff, v. John R. BLOCK, in his official capacity of Secretary of Agriculture; R. Max Peterson, in his official capacity of Chief, U.S. Forest Service, U.S. Department of Agriculture; Craig W. Rupp, in his official capacity as Regional Forester for Rocky Mountain Region of U.S. Forest Service; Donald L. Rollens, in his official capacity as Forest Supervisor for Medicine Bow National Forest, U.S. Forest Service, U.S. Department of Agriculture; William T. Clark, in his official capacity of Secretary of Interior; and City of Cheyenne Board of Public Utilities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 30, 1985.

Attorney(s) appearing for the Case

Herrick K. Lidstone (Nancy A. Jewell, with him on brief), Denver, Colo., for plaintiffs-appellants.

John A. Bryson, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Richard A. Stacy, U.S. Atty., Cheyenne, Wyo., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with him on brief), for Federal defendants-appellees.

Carl L. Lathrop of Lathrop & Uchner, P.C. (Nicholas G. Kalokathis, with him on brief), Cheyenne, Wyo., for defendant-appellee City of Cheyenne Bd. of Public Utilities.

Before HOLLOWAY, Chief Judge, SETH, Circuit Judge, and ANDERSON, District Judge

SETH, Circuit Judge.

The plaintiffs commenced this action to challenge the granting of a right of way by the Forest Service to the City of Cheyenne over a part of the Medicine Bow National Forest. The right of way was to construct and maintain facilities to bring water to the City. It was a part of the City's project started as Stage I in 1976 to bring water from the tributaries of the Little Snake River on the western slope into the North Platte River. This water...

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