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FALLINI v. HODEL

No. 85-1585.

783 F.2d 1343 (1986)

Joe B. FALLINI, Jr., Susan L. Fallini, and Helen L. Fallini, individually as well as Executrix of the Estate of Joe B. Fallini, Sr., Deceased, Plaintiffs-Appellees, v. Donald P. HODEL, Secretary of the Interior of the United States of America, Robert F. Burford, Director of the Bureau of Land Management, Edward F. Spang, Nevada State Director of the Bureau of Land Management and H. James Fox, Battle Mountain District Manager of the Bureau of Land Management, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1986.

Attorney(s) appearing for the Case

William F. Schroeder, Vale, Or., for plaintiffs-appellees.

William B. Lazarus, Dept. of Justice, Washington, D.C., for defendants-appellants.

Dan R. Reaser, Dist. Atty. Gen., Carson City, Nev., for amicus State of Nev.

Before SKOPIL, FLETCHER, and WIGGINS, Circuit Judges.

SKOPIL, Circuit Judge:

The Secretary of the Interior and officials of the Bureau of Land Management appeal from the district court's grant of mandamus and a mandatory injunction compelling them to prevent wild, free-roaming horses from straying off public lands onto private lands. Appellees ("Fallini") were granted their requested relief under section 4 of the Wild Free-Roaming Horses and Burros Act ("Act"), 16 U.S.C. §§ 1331-40 (1982). The requested relief...

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