BAR MK RANCHES v. YUETTER

No. 92-4071.

994 F.2d 735 (1993)

BAR MK RANCHES; Robert Redd; Heidi Redd; K.S. Summers Livestock; Two Swipe Ranch; John W. Redd; Dean Robinson; Gary Halls; Gary Halls; Aleta Dalton, Plaintiffs-Appellants, v. Clayton YUETTER, Secretary of Agriculture; F. Dale Robertson, Chief of the Forest Service, U.S. Dept. of Agriculture; United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 19, 1993.


Attorney(s) appearing for the Case

W.F. Schroeder, Vale, OR, W. Alan Schroeder of Schroeder & Lezamiz, Boise, ID, and Richard C. Cahoon of Marsden, Orton, Cahoon & Gottfredson, Salt Lake City, UT, for plaintiffs-appellants.

Miles E. Flint, Acting Asst. Atty. Gen., David C. Shilton and Robert H. Oakley, Dept. of Justice, Environment and Natural Resources Div., Washington, DC, Joseph P. Stringer, Office of Gen. Counsel, U.S. Dept. of Agriculture, Ogden, UT, and Daniel D. Price, Asst. U.S. Atty., Salt Lake City, UT, for defendants-appellees.

Before McKAY, Chief Judge, LOGAN and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Plaintiffs appeal the district court's order granting summary judgment for Defendants in Plaintiffs' action for review of a Forest Service administrative decision. Plaintiffs contend that the district court erred in upholding the administrative action because Defendants failed to comply with their own agency appeal record regulations in arriving at the administrative decision and that the Administrative Record filed with the district court...

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