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LEWIS v. BABBITT

No. 92-8039.

998 F.2d 880 (1993)

William Britt LEWIS, d/b/a Triangle Firewood Co., Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the United States Department of the Interior; United States Department of the Interior; National Park Service; James Ridenour, Director, National Park Service; Lee Davis, Director of Concessions; National Park Service; Ronald Everhart, Regional Director of Concessions; Robert Barbee, Superintendent, Yellowstone National Park; Steve Martin, Chief of Concessions, Yellowstone National Park, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 12, 1993.

Attorney(s) appearing for the Case

Kyle Anne Gray (Marcelle Shoop, of Holland & Hart, Cheyenne, WY, with her on the briefs), of Holland & Hart, Billings, MT, for plaintiff-appellant.

Edward A. Boling (Vicki A. O'Meara, and Anne S. Almy, of Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, with him on the brief), of Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before ANDERSON, RONEY, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Mr. Lewis appeals a district court order granting the appellees' motion for summary judgment. Lewis was the firewood concessioner in Yellowstone National Park from 1976 to 1989. In 1989, the National Park Service ("NPS") solicited proposals for the firewood concession permit for the next four-year period. NPS received two proposals, including Lewis's, and ultimately decided to award the permit to Firebox Inc. ("Firebox") after concluding that...

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