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BOGNER v. U.S. FOREST SERVICE

Civ. No. 93-5078.

851 F.Supp. 1437 (1994)

Nick BOGNER, d/b/a Bogner Ranches, Inc., Plaintiff, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture; Michael Espy, Secretary of Agriculture; F. Dale Robertson, Chief of the United States Forest Service; Elizabeth Estill, Regional Forester; Mary H. Peterson, Forest Supervisor for the Nebraska National Forest; and Robert Childress, District Ranger for the Fall River Ranger District of the Nebraska National Forest, Defendants, and Pioneer Cooperative Grazing District, Amicus Curiae.

United States District Court, D. South Dakota, Western Division.

May 3, 1994.

Attorney(s) appearing for the Case

Karen Budd-Falen, Cheyenne, WY, and Frank J. Driscoll, Gunderson, Farrar, Aldrich & Demersseman, Rapid City, SD, for plaintiff.

Robert A. Mandel, Asst. U.S. Atty., Rapid City, SD, for defendant.

Daniel Ashmore, Gunderson Palmer Goodsell & Nelson, Rapid City, SD, and Constance E. Brooks and Diane G. Cluxton-Kremer, Constance E. Brooks, P.C., Denver, CO, for amicus curiae.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

PROCEDURAL HISTORY

This is an action for review of an administrative decision by the United States Forest Service to deny plaintiff Nick Bogner (Bogner), a term grazing permit on certain Forest Service land. The decision by the Forest Service was initially made by the District Ranger charged with control of the land in question and subsequently proceeded...

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