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NORTHWEST INDIAN CEMETERY PROTECTIVE v. PETERSON

Civ. A. No. 83-2225.

795 F.2d 688 (1986)

NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCATION, et al., Plaintiffs-Appellees, v. R. Max PETERSON, Chief, U.S. Forest Service, et al., Defendants-Appellants. STATE OF CALIFORNIA, Plaintiff-Appellee, v. John R. BLOCK, Secretary, U.S. Department of Agriculture, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1985.

Decision Withdrawn and Rehearing Granted July 22, 1986.

Decided July 22, 1986.

Attorney(s) appearing for the Case

Edna Walz, Deputy Atty. Gen., Sacramento, Cal., Marilyn B. Miles, California Indian Legal Services, Eureka, Cal., Michael R. Sherwood, Sierra Club Legal Defense Fund, San Francisco, Cal., for plaintiffs-appellees.

Rodney Hamblin, Asst. U.S. Atty., San Francisco, Cal., Jacques B. Gelin, Robert Klarquist, Attys., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Before DUNIWAY, CANBY and BEEZER, Circuit Judges.

ON REHEARING

CANBY, Circuit Judge:

These consolidated actions contest the plans of the United States Forest Service ("Forest Service") to permit timber harvesting and to construct a road in the Blue Creek Unit of the Six Rivers National Forest in California. The Blue Creek Unit consists of 76,500 acres located in the Siskiyou Mountains. The Forest Service has inventoried approximately 31,500 of these acres as a roadless area.1

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