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TERK v. RUCH

Civ. A. No. 84-M-1209.

655 F.Supp. 205 (1987)

David B. TERK, Plaintiff, v. James D. RUCH, individually and as the Director of the Colorado Division of Wildlife, James C. Kennedy, Tim Schultz, Michael Higbee, Richard Divelbiss, Donald Fernandez, Wilbur Redden, James T. Smith and Jean Tool, individually and as members of the Colorado Wildlife Commission or comparable governing body of the Colorado Division of Wildlife, Defendants.

United States District Court, D. Colorado.

February 24, 1987.

Attorney(s) appearing for the Case

Allen W. Stokes, Jr., Denver, Colo., Daniel E. Duncan, Albuquerque, N.M., for plaintiff.

Don D. Etter, Denver, Colo., Paul A. Lenzini, Washington, D.C., for amicus curiae Intern. Assoc. of Fish and Wildlife Agencies.

Linda E. White, Adonis A. Neblett, Natural Resources Section, Office of Atty. Gen., Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

The question presented is whether the State of Colorado can unequally allocate and issue, as between Colorado residents and nonresidents, its licenses to hunt Bighorn Sheep ("Sheep") and Rocky Mountain Goat ("Goat"). The plaintiff, David Terk, a Texas resident, seeks to enjoin implementation of regulations of the Colorado Wildlife Commission (the "Commission") under which approximately 90 percent of the...

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