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STONE FOREST INDUSTRIES, INC. v. ROBERTSON

No. 90-15484.

936 F.2d 1072 (1991)

STONE FOREST INDUSTRIES, INC., a Delaware corporation, Plaintiff-Appellant, v. F. Dale ROBERTSON, Chief, United States Department of Agriculture, Forest Service; David F. Jolly, Regional Forester, Region 3; Nick McDonough, Supervisor of the Apache-Sitgreaves National Forest; John Hart, Contracting Officer of the Apache-Sitgreaves National Forest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 19, 1991.

Attorney(s) appearing for the Case

Michael E. Haglund and Kathleen A. Pool, Haglund & Kirtley, Portland, Or., for plaintiff-appellant.

James P. Loss, Asst. U.S. Atty., Phoenix, Ariz., Raymond W. Fullerton, Asst. Gen. Counsel and Ellen R. Hornstein, Office of Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., for defendants-appellees.

Before GOODWIN, SKOPIL and CANBY, Circuit Judges.

SKOPIL, Circuit Judge:

This is an action brought by a large timber company challenging the Forest Service's interpretation of regulations used to determine the percentage of timber sales set aside for small timber businesses within the Apache market area of the Apache-Sitgreaves National Forest in Arizona. The district court granted summary judgment in favor of the Forest Service. We agree with the district court that the Forest Service's interpretation and application...

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