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NATIONAL AUDUBON SOC. v. HESTER

No. 86-5086.

801 F.2d 405 (1986)

NATIONAL AUDUBON SOCIETY v. F. Eugene HESTER, Acting Director, U.S. Fish & Wildlife Service, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1986.

Opinion September 5, 1986.

Attorney(s) appearing for the Case

Karen Florini, with whom Peter R. Steenland and Donald A. Carr, Dept. of Justice, were on the brief, for appellants.

William A. Butler, with whom Hope M. Babcock, Kenneth Berlin, and Edward P. Gerwin, Jr., were on the brief, for appellees.

Eldon V.C. Greenberg was on the brief, for Greater Los Angeles Zoo Assn., amicus curiae, urging reversal.

Denis D. Smaage was on the brief, for California Fish and Game Com'n., amicus curiae, urging reversal.

Before EDWARDS, STARR and SILBERMAN, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

The California condor, the largest winged inhabitant of North America, has been decimated to the point where only twenty-six members of the species remain in existence. At the time this controversy began, all but six of the birds were kept in zoos in Los Angeles and San Diego as part of a breeding program designed to avert extinction of the species. This lawsuit arises from the U.S. Fish & Wildlife Service's decision to...

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