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OREGON NATURAL RESOURCES COUNCIL v. MOHLA

No. 90-35401.

944 F.2d 531 (1991)

OREGON NATURAL RESOURCES COUNCIL, Plaintiff-Counter-Defendant-Appellee, v. David MOHLA, etc., et al., Defendants. and AVISON TIMBER COMPANY, INC., Counterclaim Defendant-Third-Party Plaintiff-Appellant, v. Andrew KERR, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1991.

Attorney(s) appearing for the Case

William F. Lenihan, Schwabe, Williamson & Wyatt, Seattle, Wash., Mildred J. Carmack, Schwabe, Williamson & Wyatt, Portland, Or., for defendant-counterclaim-third party plaintiff-appellant.

Blair C. Stone and John W. Phillips, Heller, Ehrman, White & McAuliffe, Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, Wash., for plaintiff-counter-defendant-appellee.

Before GOODWIN, ALARCON and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Avison Timber Company, Inc., (Avison) appeals the district court's grant of Oregon Natural Resources Council's (ONRC) motion to dismiss Avison's counterclaim and third-party complaint. District court jurisdiction over the counterclaim and third-party complaint was pendent to federal question jurisdiction over ONRC's complaint under 28 U.S.C. § 1331. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

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