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ALABAMA-TOMBIGBEE RIVERS v. DEPT. OF INTERIOR

No. 94-6089.

26 F.3d 1103 (1994)

ALABAMA-TOMBIGBEE RIVERS COALITION, Offa S. Nichols, Plaintiffs-Appellees, Edward Wilkinson Mudd, Jr., Intervenor, v. DEPARTMENT OF INTERIOR, The Fish & Wildlife Service of the United States, George T. Frampton, Assistant Secretary for Fish and Wildlife and Parks, Kenneth Smith, Deputy Director, U.S. Fish & Wildlife Service, James B. Steward, Bruce Babbitt, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 27, 1994.

Attorney(s) appearing for the Case

Mark B. Stern, Patricia A. Millett, Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for defendants-appellants.

Will Hill Tankersley, Jr., Marshall Timberlake, Balch & Bingham, Birmingham, AL, for plaintiffs-appellees.

Edward N. Mudd, Jr., Birmingham, AL, for intervenor.

Before KRAVITCH, Circuit Judge, FAY and HENDERSON, Senior Circuit Judges.

FAY, Senior Circuit Judge:

The Fish and Wildlife Service of the United States Department of the Interior ("FWS") appeals an order entered by the District Court for the Northern District of Alabama granting a permanent injunction against FWS' use of a scientific report prepared in violation of the Federal Advisory Committee Act ("FACA")1. Because we agree with the District Court that the report was prepared in violation of FACA and that...

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