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FUND FOR ANIMALS, INC. v. LUJAN

No. 91-35283.

962 F.2d 1391 (1992)

The FUND FOR ANIMALS, INC., Plaintiff-Appellant, v. Manuel LUJAN, Jr., in his official capacity as Secretary of the United States Department of the Interior; Clayton Yeutter, Secretary of Agriculture; K.L. Cool, in his official capacity as Director of the State of Montana Department of Fish, Wildlife and Parks; Les Graham, in his official capacity as Director of the State of Montana Department of Livestock and the State of Montana, by and through Marc Racicot, Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1992.

Attorney(s) appearing for the Case

W. Craig James, Skinner, Fawcett & Mauk, Boise, Idaho, for plaintiff-appellant.

Andrew C. Mergen, Appellate Section, Environment & Natural Resources Div., Dept. of Justice, Washington, D.C., Robert J. Brooks, Asst. U.S. Atty., Butte, Mont., for U.S. defendants-appellees.

Norman C. Peterson, Agency Legal Services Bureau, Montana Dept. of Justice, Helena, Mont., for State defendants-appellees.

R.J. "Jim" Sewell, Jr., Helena, Montana, for amici curiae, Montana Stock Growers Assoc.

Before: WRIGHT, and ALARCON, Circuit Judges, FONG, District Judge.

ALARCON, Circuit Judge:

The Fund for Animals, Inc. (the Fund) appeals from the denial of preliminary injunctive relief against the Secretary of the Interior and the Secretary of Agriculture (Federal defendants), and the director of Montana's Department of Fish, Wildlife, and Parks (MDFWP), the director of Montana's Department of Livestock, and "the State of Montana, by and through Marc Racicot, Attorney General" (State defendants). The Fund claims that the defendants...

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