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THOMAS v. PETERSON

No. 87-3618.

841 F.2d 332 (1988)

Harold THOMAS, et al., Plaintiffs-Appellants, v. R. Max PETERSON, in his official capacity as Chief of the United States Forest Service, Defendant-Appellee, and Inland Forest Resource Council, a Montana corporation, et al., Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1988.

Attorney(s) appearing for the Case

Michael Axline, Western Natural Resources Clinic, Eugene, Or., for plaintiffs-appellants.

Maria A. Iizuka, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellee.

Before ANDERSON, NORRIS and HALL, Circuit Judges.

NORRIS, Circuit Judge:

Appellants appeal the district court's denial of their application for attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and the Endangered Species Act (ESA), 16 U.S.C. § 1540(g)(4). We reverse.

I

Appellants brought this action in federal district court, under the National Environmental Policy Act (NEPA), the National Forest Management Act (NMFA), and ESA, to enjoin construction of...

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