NORTH SIDE LUMBER CO. v. BLOCK

Nos. 84-3657, 84-3660, 84-3661 and 84-3776.

753 F.2d 1482 (1985)

NORTH SIDE LUMBER CO., Summit Timber Co., Stevenson Co-Ply, Inc., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, and Bohemia, Inc., Medford Corporation, Southwest Forest Industries, Inc., Boise Cascade Corporation, Crown Zellerbach Corporation, Georgia-Pacific Corporation, Penn Timber, Inc., Louisiana-Pacific Corporation, Publishers Paper Co., and Willamette Industries, Inc., Plaintiffs-Intervenors-Appellees, v. John BLOCK, Secretary of the United States Department of Agriculture; R. Max Peterson, Chief of the United States Forest Service: Jeff M. Sirmon, Regional Forester for Region VI of the United States Forest Service, Defendants-Appellants, and Lane County, Defendant-Intervenor-Appellant. NORTH SIDE LUMBER CO., Summit Timber Co., Stevenson Co-Ply, Inc., on behalf of themselves and all others similarly situated, Plaintiffs, and Bohemia, Inc., Medford Corporation, Southwest Forest Industries, Inc., Boise Cascade Corporation, Crown Zellerbach Corporation, Georgia-Pacific Corporation, Penn Timber, Inc., Louisiana-Pacific Corporation, Publishers Paper Co., and Willamette Industries, Inc., Plaintiffs-Intervenors-Appellants, v. John BLOCK, Secretary of the United States Department of Agriculture; R. Max Peterson, Chief of the United States Forest Service: Jeff M. Sirmon, Regional Forester for Region VI of the United States Forest Service, Defendants-Appellees, and Lane County, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 20, 1985.


Attorney(s) appearing for the Case

Alan I. Saltman, Saltman & Stevens, Washington, D.C., Charles F. Adams, Phillip D. Chadsey, Stoel, Rives, Boley, Fraser & Wyse, Norman J. Wiener, Miller, Nash, Wiener, Hager & Carlsen, Wayne Hilliard, James H. Clarke, Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, Or., for plaintiffs-appellees.

John E. Hoag, Eugne, Or., Dirk D. Snel, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Before FAIRCHILD, GOODWIN and BOOCHEVER, Circuit Judges.


GOODWIN, Circuit Judge.

The United States appeals from a preliminary injunction restraining it from enforcing contracts for the sale of national forest timber, and plaintiffs-intervenors appeal their exclusion from the benefits of the injunction. We vacate the injunction because the district court did not have jurisdiction of the cause of action on which it was based.

North Side, the class it represents, and plaintiffs-intervenors are timber companies that...

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