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AMERICAN BALD EAGLE v. BHATTI

No. 92-2387.

9 F.3d 163 (1993)

The AMERICAN BALD EAGLE, et al., Plaintiffs, Appellants, v. Ilyas BHATTI, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 16, 1993.

Attorney(s) appearing for the Case

Florence Mansbach, Wellesley, MA, with whom Steven M. Wise and Fraser & Wise, P.C., Boston, MA, were on brief, for plaintiffs, appellants.

Mary C. Connaughton, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., and Rebbeca Webb, Asst. Atty. Gen., Boston, MA, were on brief, for defendants, appellees.

Before TORRUELLA and STAHL, Circuit Judges, and DiCLERICO, Chief District Judge.

TORRUELLA, Circuit Judge.

The issue to be decided by this appeal is whether the hunting of deer on a Massachusetts reservation significantly affects bald eagles so as to constitute a prohibited "taking" of that endangered species1 as defined by the Endangered Species Act ("ESA").2 16 U.S.C. §§ 1532(19) & 1538(a)(1)(B). How we get from a deer hunt to an allegation regarding the taking of bald eagles...

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