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U.S. v. JENKS

No. 92-2171.

22 F.3d 1513 (1994)

UNITED STATES of America, Plaintiff-Counter-Defendant-Appellee, v. Randolph JENKS, Defendant-Counter-Claimant-Appellant, National Inholders Association; New Mexico Cattle Growers Association; New Mexico Farm and Livestock Bureau; Arizona & New Mexico Coalition of Counties for Stable Economic Growth; New Mexico Wool Growers' Association; the South Eastern New Mexico Grazing Association; the New Mexico Farm and Livestock Bureau; and the Federal Lands Legal Foundation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 26, 1994.

Attorney(s) appearing for the Case

Peter Appel, Atty., (Roger Clegg, Acting Asst. Atty. Gen., Don J. Svet, U.S. Atty., John W. Zavitz, Asst. U.S. Atty., Albuquerque, NM, and Jacques B. Gelin, Atty., Dept. of Justice, with him on the brief), Environment and Natural Resources Div., Dept. of Justice, Washington, DC, for plaintiff-appellee.

Steven J. Lechner (William Perry Pendley with him on the brief) of Mountain States Legal Foundation, Denver, CO, for defendant-appellant.

Karen Budd-Falen of the Federal Lands Legal Foundation, Cheyenne, WY and Eric Twelker, Atty., Juneau, AK, for amici curiae.

Before BALDOCK, BARRETT, and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Randolph Jenks appeals the district court's order enjoining his use of three roads providing access to his inholdings1 without Forest Service authorization pursuant to the Alaska National Interest Lands Conservation Act of 1980, 16 U.S.C. §§ 3101-3233 ("ANILCA"). We have jurisdiction under 28 U.S.C. § 1291.

I.

This case of first impression within our circuit, involving...

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