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ANIMAL PROTECTION INSTITUTE OF AMERICA v. HODEL

No. 87-2683.

860 F.2d 920 (1988)

ANIMAL PROTECTION INSTITUTE OF AMERICA, a California non-profit corporation; the Fund for Animals, Inc., a New York non-profit corporation, Plaintiffs-Appellees, v. Donald P. HODEL, Secretary of the United States Department of the Interior, Washington, D.C.; Robert Buford, Director of the Bureau of Land Management, Washington, D.C.; Edward F. Spang, Director of the Bureau of Land Management, State of Nevada; Thomas J. Owen, District Manager Bureau of Land Management, Carson City; Don Pomi, Assistant District Manager for the Division of Wild Horses and Burros; M.H. Frei, Program Leader, Wild Horse Specialist, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1988.

Attorney(s) appearing for the Case

Blake A. Watson, Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington D.C., for defendants-appellants.

W. Craig James, Skinner, Fawcett & Mauk, Boise, Idaho, John Ohlson, Olson & Edmiston, Reno, Nev., for plaintiffs-appellees.

Russell J. Gaspar, Hanna, Gaspar, Osborne & Birkel, Washington, D.C., for amicus.

Before CHOY, CANBY, and TROTT, Circuit Judges.

CHOY, Circuit Judge:

The United States Secretary of the Interior and subordinate officials ("Secretary") appeal from the district court's grant of summary judgment for the Animal Protection Institute of America, Inc. and the Fund for Animals, Inc. ("the API").1 The district court enjoined the Secretary from transferring the titles of wild horses and burros to persons who the Secretary knows intend to use the animals for commercial purposes...

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