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MOUNT EVANS CO. v. MADIGAN

No. 92-1251.

14 F.3d 1444 (1994)

MOUNT EVANS COMPANY, a Colorado corporation; Mount Evans Company (II), a Colorado corporation; Clear Creek County, Clear Creek County, Colorado, Plaintiffs-Appellants, v. Edward R. MADIGAN, Secretary, United States Department of Agriculture; F. Dale Robertson, Chief, U.S. Forest Service; Gary Cargill, Regional Forester; United States Department of Agriculture, named as "United States Department of Agriculture Forest Service," Defendants-Appellees. Sierra Club, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 20, 1994.

Attorney(s) appearing for the Case

Joanne Herlihy (William Perry Pendley with her on the brief), of Mountain States Legal Foundation, Denver, CO, for plaintiffs-appellants.

Michael E. Hegarty, Asst. U.S. Atty. (Michael J. Norton, U.S. Atty., with him on the brief), Denver, CO, for defendants-appellees.

Carl G. Stevens, Lakewood, CO, for amicus curiae.

Before BALDOCK, BRIGHT and McWILLIAMS, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiffs Mount Evans Companies ("Mount Evans I" and "Mount Evans II") and Clear Creek County ("the County") appeal the district court's order affirming a United States Forest Service ("Forest Service") decision not to rebuild a structure located on Forest Service lands which was destroyed by fire.

The Crest House was constructed under a Forest Service "term permit" in 1941 at the summit of...

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