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SEATTLE AUDUBON SOCIETY v. ROBERTSON

Nos. 91-35378, 91-35564.

965 F.2d 776 (1992)

SEATTLE AUDUBON SOCIETY, et al., Plaintiffs-Appellees, v. F. Dale ROBERTSON, in his official capacity as Chief, United States Forest Service; United States Forest Service, an agency of the United States, et al., Defendants-Appellants. WASHINGTON CONTRACT LOGGERS ASSOCIATION, et al., Plaintiffs-Appellees, v. F. Dale ROBERTSON, in his official capacity as Chief, United States Forest Service, et al., Defendants-Appellants. SEATTLE AUDUBON SOCIETY, Plaintiff-Appellee, v. John L. EVANS, in his official capacity as Chief, United States Forest Service, United States Forest Service, an agency of the United States, Defendants-Appellants, and Washington Contract Loggers Association, et al., Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

Anne S. Almy, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, Wash., for plaintiffs-appellees.

Mark C. Rutzick, Preston, Thorgrimson, Shidler, Gates & Ellis, Portland, Or., for defendants-intervenors-appellees.

Before: GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.

Appellants' unopposed motion for summary reversal of these consolidated appeals based on Robertson v. Seattle Audubon Society, ___ U.S. ___, 112 S.Ct. 1407, 118 L.Ed.2d 73 (1992) is granted. The December 18, 1990 and May 28, 1991 judgments of the district court are reversed. We remand with instructions to the district court to vacate the injunctions against the 16 fiscal year 1990 timber sales found to be violative of the National Forest Management...

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