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SEATTLE AUDUBON SOCIETY v. EVANS

Nos. 91-35528, 91-35529, 91-35563, 91-35782, 91-35802 and 91-35992.

952 F.2d 297 (1991)

SEATTLE AUDUBON SOCIETY, et al., Plaintiffs-Appellants, v. John L. EVANS, in his official capacity as Chief, U.S. Forest Service, et al., Defendants-Appellees. SEATTLE AUDUBON SOCIETY, et al., Plaintiffs-Appellees, v. UNITED STATES FOREST SERVICE, Defendant-Appellant, and Washington Contract Loggers Association, Defendants-Intervenors-Appellees. SEATTLE AUDUBON SOCIETY, Plaintiff-Appellee, v. John L. EVANS, in his official capacity as Chief, U.S. Forest Service, Defendant, and Washington Contract Loggers Association, et al., Defendants-Intervenors-Appellants. PORTLAND AUDUBON SOCIETY, Plaintiff-Appellant, v. Manuel LUJAN, Jr., in his official capacity as Secretary of Interior, Defendant-Appellee, and Northwest Forest Resource Council, et al., Defendants-Intervenors-Appellees. (Two Cases)

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Michael D. Axline, Western Environmental Law Clinic, Eugene, Oregon and Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, Wash., for Seattle Audubon Society, et al.

Anne S. Almy, Thomas Lee, and Louise F. Milkman, U.S. Dept. of Justice, Washington, D.C., for U.S. Forest Service, et al. and Secretary, U.S. Dept. of Interior.

Mark C. Rutzick and Cynthia L. Hull, Preston, Thorgrimson, Shidler, Gates and Ellis, Portland, Or., for Washington Contract Loggers Ass'n, et al.

Phillip D. Chadsey and Kevin Q. Davis, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for The Ass'n of O & C Counties and Benton County.

Before GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.

SCHROEDER, Circuit Judge:

These appeals all arise out of litigation instituted by the Portland Audubon Society (PAS) and the Seattle Audubon Society (SAS) challenging logging in old-growth national forests as violative of several federal statutes.

In appeal nos. 91-35529 and 91-35563, the defendant United States Forest Service and intervenor-defendant Washington Contract Loggers Association (WCLA), appeal from an injunction entered by the district court in...

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