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DORRANCE v. McCARTHY

No. 91-8024.

957 F.2d 761 (1992)

John T. DORRANCE, III, Plaintiff-Appellant, v. Ed McCARTHY, President Wyoming Game and Fish Commission; Kenneth Brown, Kevin Dooley, Kari Priewe, Donald Scott, Norman Pape and Rusty Holler, Commissioners of the Wyoming Game and Fish Commission, Defendants-Appellees, Wyoming Wool Growers Association, Wyoming Public Lands Council, Exotic Wildlife Association, North American Elk Breeders Association, Wyoming Wildlife Federation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 19, 1992.

Attorney(s) appearing for the Case

John M. Daly of Daly, Anderson & Taylor, Gillette, Wyo., and Charles H. Critchlow of Coudert Brothers, New York City, for plaintiff-appellant.

Joseph B. Meyer, Atty. Gen., Ronald P. Arnold, Sr. Asst. Atty. Gen., and Bruce A. Salzburg, Sp. Asst. Atty. Gen., State of Wyom., of Herschler, Freudenthal, Salzburg, Bonds & Rideout, Cheyenne, Wyo., for defendants-appellees.

Kermit Brown of Brown, Erickson & Hiser, Rawlins, Wyoming, filed an amicus curiae brief, for Wyoming Wool Growers Ass'n and Wyoming Public Lands Council.

Mark H. Miller of Gunn, Lee & Miller, San Antonio, Tex., filed an amicus curiae brief, for Exotic Wildlife Ass'n.

Sam Withiam, Cushing, Okl., filed an amicus curiae brief, for North American Elk Breeders Ass'n.

Mark Squillace, Laramie, Wyo., and Marion Yoder, Denver, Colo., filed an amicus curiae brief, for Wyoming Wildlife Federation.

Before MOORE, TACHA and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff appeals the entry of summary judgment in favor of Defendants on Plaintiff's claims for declaratory and injunctive relief arising from Defendants' denial of Plaintiff's application for a permit to receive, import, possess, and manage elk, moose, antelope, and bighorn sheep. Defendants are members of Wyoming's Game and Fish Commission. Plaintiff claimed that Defendants' refusal to grant him a permit and their enforcement of Wyoming statutes...

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