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SMITH v. U.S. FOREST SERVICE

No. 93-36187.

33 F.3d 1072 (1994)

Mitchell SMITH, an individual, Plaintiff-Appellant, v. U.S. FOREST SERVICE, an agency of the United States; Vaagen Timber Products, a Washington corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1994.

Attorney(s) appearing for the Case

Todd D. True, Sierra Club Legal Defense Fund, Seattle, WA, for plaintiff-appellant.

Joan M. Pepin, Stephen G. Bartell and Scott M. Farley, U.S. Dept. of Justice, Washington, DC, for defendant-appellee U.S. Forest Service.

Scott Horngren, Haglund & Kirtley, Portland, OR, for defendant-appellee Vaagen Timber.

Before: SCHROEDER, D.W. NELSON and William C. CANBY, Jr., Circuit Judges.

SCHROEDER, Circuit Judge:

This case involves an environmental challenge to a timber sale and harvest, known as the Gatorson Sale, in the Colville National Forest in Washington. The United States Forest Service has authorized the sale to Vaagen Timber Products, a logging company. The plaintiff-appellant, Mitchell Smith, a frequent recreational user of the area affected by the sale, sued both the Forest Service and Vaagen, seeking to enjoin the sale. He contended that...

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